GIFT   OF 


OCT  SO 

Ou! 


KENTUCKY 

SCHOOL 

LAWS 

1912 


THE 


Common  School  Laws 


OF  THE 


State  of  Kentucky 


REVISED  TO  DATE 


Edited  and  Published  by 

BARKSDALE  HAMLETT 

Superintendent  of  Public  Instruction 
1912  S 


Frankfort 

The  Kentucky  State  Journal  Publishing  Co. 
1912 


CONTENTS 


Chapter.  Page. 

I.  Educational  Provisions  of  the  Kentucky  Constitution      1 

II.      General    Provisions    4 

III.  School    Fund     6 

IV.  State    Board    of    Education    10 

V.      Superintendent    of    Public    Instruction    11 

VI.  School  Inspection  15 

VII.  County  Superintendent 17 

VIII.  Certification  and  Duty  of  Teachers 26 

IX.  The  School  Text  Book  Law 33 

X.  County  School  District  Law 41 

XI.  County  Bonds 51 

XII.  Graded  Common  Schools  54 

XIII.  Teacher's    Institute    .     67 

XIV.  County   and   District   Library 71 

XV.      Enforced   Attendance    .     72 

XVI.  Compulsory  Attendance— Cities  of  the  1st,  2d,  3d  and 

4th  Classes  74 

XVII.      The    Child   Labor   Law 79 

XVIII.     Public  Schools  in  Cities  of  the  First  Class 86 

XIX.      Public  Schools  in  Cities  of  the  Second  Class 108 

XX.      Public  Schools   in  Cities  of  the  Third  Class 123 

XXL      Public  Schools  in  Cities'  of  the  Fourth  Class 127 

XXII.      The   State   University    133 

XXIII.  Parental  Home  and   School  Commission 150 

XXIV.  State  Normal  Schools 152 

XXV.      Kentucky  Normal  and  Industrial  Institute 166 

XXVI.     Decisions,  Opinions  and  Rulings    170 


249021 


CHAPTER  1. 


EDUCATIONAL  PROVISIONS  OF  THE 
KENTUCKY  CONSTITUTION 


§  183. — Common  Schools  to  be  provided  for — The  General  Assem- 
bly shall,  by  appropriate  legislation,  provide  for  an  efficient  system 
of  common  schools  throughout  the  State.  (See  sec.  4363,  Ky.  Stat.) 

§  184. — Fund  set  apart  for  common  Schools — taxation  for  A.  &  M. 
College — The  bond  of  the  Commonwealth,  issued  in  favor  of  the 
Board  of  Education,  for  the  sum  of  one  million  three  hundred  and 
twenty-seven  thousand  dollars,  shall  constitute  one  bond  of  the  Com- 
monwealth in  favor  of  the  Board  of  Education,  and  this  bond  and  the 
seventy-three  thousand  five  hundred  dollars  of  the  stock  in  the  Bank 
of  Kentucky  (now  seventy-nine  thousand  eight  hundred),  held  by  the 
Board  of  Education,  and  its  proceeds,  shall  be  held  inviolate  for  the 
purpose  of  sustaining  the  system  of  the  common  schools.  The  inter- 
ests and  dividends  of  said  fund,  together  with  any  sum  which  may 
be  produced  by  taxation  or  otherwise  for  the  purposes  of  common 
school  education,  shall  be  appropriated  to  the  common  schools,  and 
to  no  other  purpose.  No  sum  shall  be  raised  or  collected  for  educa- 
tion other  than  in  common  schools  until  the  question  of  taxation  is 
submitted  to  the  legal  voters,  and  the  majority  of  the  votes  cast  at 
said  election  shall  be  in  favor  of  such  taxation:  Provided,  The  tax 
now  imposed  for  educational  purposes,  and  for  the  endowment  and 
maintenance  of  the  Agricultural  and  Mechanical  College,  shall  remain 
until  changed  by  law.  (See  sec.  4370,  Ky.  Stat.) 

§  185. — Common  School  Funds — Investment — Interest  on — The 
General  Assembly  shall  make  provision,  by  law,  for  the  payment  of 
the  interest  of  said  school  fund,  and  may  provide  for  the  sale  of  the 
stock  in  the  Bank  of  Kentucky;  and  in  case  of  a  sale  of  all  or  any 
part  of  said  stock,  the  proceeds  of  sale  shall  be  invested  by  the  Sink- 
ing Fund  Commissioners  in  other  good  interest-bearing  stocks  or 
bonds,  which  shall  be  subject  to  sale  and  re-investment,  from  time 
to  time,  in  like  manner  with  the  same  restrictions  as  provided  with 
reference  to  the  sale  of  the  said  stock  in  the  Bank  of  Kentucky.  (See 
sec.  4370,  Ky.  Stat.) 

§  186. — Distribution  of  Fund — Surplus  due  Counties — Each  county 
in  the  Commonwealth  shall  be  entitled  to  its  proportion  of  the  school 
fund  on  its  census  of  pupil  children  for  each  school  year;  if  the  pro 
rata  share  of  any  school  district  be  not  called  for  after  the  second 


2r'^::'  ':SC«G)aL-  LAWS  OP  KENTUCKY. 

school  year,  it  shall  be  covered  into  the  treasury  and  be  placed  to 
the  credit  of  the  school  fund  for  general  apportionment  the  follow- 
ing school  year.  The  surplus  now  due  the  several  counties  shall  remain  a 
perpetual  obligation  against  the  Commonwealth  for  the  benefit  of  said 
respective  counties  for  which  the  Commonwealth  shall  execute  its 
bond,  bearing  interest  at  the  rate  of  six  per  centum  per  annum,  pay- 
able annually,  to  the  counties  respectively  entitled  to  the  same,  and 
in  the  proportion  to  which  they  are  entitled,  to  be  used  exclusively 
in  aid  of  common  schools.  (See  sec.  4375,  Ky.  Stat.) 

§  187.— Each  race  to  share  Fund  equally— Separate  Schools— In 
distributing  the  school  fund  no  distinction  shall  be  mads  on  account 
of  race  or  color  and  separate  schools  for  white  and  colored  children 
shall  be  maintained. 

§  188. — School  Fund — Money  received  from  United  States,  part  of 
— So  much  of  any  moneys  as  may  be  received  by  the  Commonwealth 
from  the  United  States  under  the  recent  act  of  Congress  refunding 
the  direct  tax  shall  become  a  part  of  the  school  fund  and  be  held  as 
provided  in  section  184;  but  the  General  Assembly  may  authorize  the 
use  by  the  Commonwealth  of  the  moneys  so  received  or  any  part 
thereof,  in  which  event  a  bond  shall  be  executed  to  the  Board  of  Edu- 
cation for  the  amount  so  used,  which  bond  shall  be  held  on  the  same 
terms  and  conditions  and  subject  to  the  provisions  of  section  184,  con- 
cerning tha  bond  therein  referred  to.  (See  sec.  4370,  Ky.  Stat.) 

§  189. — Appropriation  for  Sectarian  purposes  forbidden — No  por- 
tion of  any  fund  or  tax  now  existing,  or  that  may  hereafter  be  raised 
or  levied  for  educational  purposes,  shall  be  appropriated  to,  or  used 
by,  or  in  aid  of,  any  church,  sectarian  or  denominational  school.  (See 
further,  Con.,  sec.  5.) 

§  155. — School  Elections — Exceptions  in  Favor  of — The  provisions 
of  sections  145  to  154,  inclusive,  (which  require  a  secret  ballot  in  all 
elections,  etc),  shall  not  apply  to  the  election  of  school  trustees  and 
other  common  school  district  elections.  Said  elections  shall  be  regu- 
lated by  the  General  Assembly,  except  as  otherwise  provided  in  the 
Constitution.  (See  sees.  4434,  4458,  Ky.  Stat.) 

§  157. — Municipal  Tax  Rate — Indebtedness — Submission  to  Voters 
— The  tax  rate  of  cities,  towns,  counties,  taxing  districts  and  other 
municipalities,  for  other  than  school  purposes,  shall  not,  at  any  time 
exceed  the  following  rates  upon  the  value  of  the  taxable  property 
therein,  viz:  For  all  towns  or  cities  having  a  population  of  fifteen 
thousand  or  more,  one  dollar  and  fifty  cents  on  the  hundred  dollars; 
for  all  towns  or  cities  having  less  than  fifteen  thousand  and  not  less 
than  ten  thou-sand,  one  dollar  on  the  hundred  dollars;  for  all  towns  or 
cities  having  less  than  ten  thousand,  seventy-five  cents  on  the  hun- 
dred dollars,  and  for  counties  and  taxing  districts  fifty  cents  on  the 
hundred  dollars;  unless  it  should  be  necessary  to  enable  such  city, 
town,  county  or  taxing  district  to  pay  the  interest  on,  and  provide  a 
sinking  fund  for  the  extinction  of,  indebtedness  contracted  before  the 


•SCHOOL  LAWS  OF  KENTUCKY.  3 

adoption  of  this  Constitution.  No  county,  city,  town,  taxing  district, 
or  other  municipality  shall  be  authorized  or  permitted  to  become  in- 
debted, in  any  manner  or  for  any  purpose,  to  an  amount  exceeding,  in 
any  year,  the  income  and  revenue  provided  for  such  year,  without  the 
assent  of  two-thirds  of  the  voters  thereof,  voting  at  an  election  to 
be  held  for  that  purpose;  and  any  indebtedness  contracted  in  viola- 
tion of  this  section  shall  be  void.  Nor  shall  such  contract  be  en- 
forceable by  the  person  with  whom  made;  nor  shall  such  municipality 
ever  be  authorized  to  assume  the  same. 

BILL  OF  RIGHTS. 

§  5. — Freedom  of  conscience — Church  and  State — Education — No 
preference  shall  ever  be  given  by  law  to  any  religious  sect,  society 
or  denomination;  nor  to  any  particular  creed,  mode  of  worship  or  sys- 
tem of  ecclesiastical  polity;  nor  shall  any  person  be  compelled  to  at- 
tend any  place  of  worship,  to  contribute  to  the  erection  or  mainte- 
nance of  any  such  place,  or  to  the  salary  or  support  of  any  minister 
of  religion;  nor  shall  any  man  be  compelled  to  send  his  child  to  any 
school  to  which  he  may  be  conscientiously  opposed;  and  the  civil 
rights,  privileges  or  capacities  of  no  person  shall  be  taken  away,  or 
in  anywise  diminished  or  enlarged  on  account  of  his  belief  or  dis- 
belief of  any  religious  tenet,  dogma  or  teaching.  No  human  author- 
ity shall,  in  any  case,  whatever,  control  or  interfere  with  the  rights 
of  conscience.  (See  further,  sec.  189,  Con.) 

LOCAL  AND  SPECIAL  LEGISLATION. 

§  59. — Limitations  upon— ((The  General  Assembly  shall  not  pass 
local  or  special  acts  concerning  any  of  the  following  subjects,  or  for 
any  of  the  following  purposes,  namely: 

Sub.  Sec.  25. — Common  Schools — To  provide  for  the  management 
of  common  schools.  (See  Chap.  113,  Ky.  Stat.) 

CHILDREN. 

§  243. — Children — Age  at  which  they  may  be  employed  to  be  fixed 
— The  General  Assembly  shall,  by  lav/,  fix  the  minimum  ages  at  which 
children  may  be  employed  in  places  dangerous  to  life  or  health,  or 
injurious  to  morals;  and  shall  provide  adequate  penalties  for  violations 
of  such  law.  (See  sec.  326,  Ky.  Stat.)  (See  also  Chapters  67  and  68, 
Acts,  1908.) 


SCHOOL  LAW 

CHAPTER    II. 
GENERAL   PROVISIONS. 

§  1.— A  Uniform  System — There  shall  be  maintained  throughout 
the  State  of  Kentucky  a  uniform  system  of  common  schools  in  ac- 
cordance with  the  Constitution  of  the  State  and  this  chapter.  (Ky. 
Stat.  Sec.  4363.) 

§  2. — Common  School  Defined — Any  Child  may  Attend — No  school 
shall  be  deemed  a  "common  school,"  within  the  meaning  of  this  chap- 
ter, or  be  entitled  to  any  contribution  out  of  the  school  fund,  unless 
the  same  has  been,  pursuant  hereto,  actually  kept,  or  is  under  con- 
tract to  be  kept,  by  a  qualified  teacher  for  six  or  more  months  in  all 
subdistricts  during  the  same  school  year,  and  at  which  every  child  re- 
siding in  the  district  between  the  ages  of  six  and  twenty  years,  has 
had  the  privilege  of  attending,  whether  contributing  towards  defray- 
ing the  expenses  or  not:  Provided,  That  nothing  herein  shall  prevent 
any  person  from  attending  the  common  school  who  will  obtain  the 
consent  of  the -trustees  and  the  teachers  and  pay  the  required  tuition 
fees.  In  order  that  each  child  of  the  Commonwealth  may  enjoy  the 
benefits  of  a  six  months'  school,  the  Superintendent  of  Public  Instruc- 
tion shall  for  each  school  year  apportion  the  fund  for  each  county 
having  one  or  more  subdistricts  of  less  than  fifty  pupil  children  as  fol- 
lows: He  shall  apportion  to  each  district,  without  regard  to  school 
population,  the  per  capita  of  fifty  pupil-children,  both  from  the  fund  de- 
rived from  the  State  and  the  interest  on  the  county  bond,  if  any,  and 
pro  rate  the  remainder  of  the  fund  among  the  districts  having  more  than 
fifty  such  children.  Provided,  That  any  fractional  balance  shall  be 
omitted  in  computing  the  said  per  capita,  and  that  the  aggregate  of 
fractional  balances  shall  be  credited  to  the  respective  counties,  and 
be  taken  into  account  the  following  year:  (Ky.  Stat.  Sec.  4364,  as 
changed  by  act  1908.)  (The  act  of  1912  has  probably  repealed  a  part 
of  this  section.) 

§  3. — Schooi  Year — The  school  year  shall  begin  on  the  first  day 
cf  July  and  end  on  the  thirtieth  of  June.  (Ky.  Stat.  Sec.  4365.) 

§  4. — School  Month — School  Day — Assistant  Teachers — Twenty 
school  days,  or  days  in  which  teachers  are  actually  employed  in  the 
school  room,  shall  constitute  a  school  month  in  the  common  schools  of 
the  State;  but  no  teacher  shall  teach  on  Saturdays.  Teachers  shall 
have  the  benefit  of  only  such  legal  holidays  as  they  actually  observe. 


•SCHOOL.  LAWS  OF  KENTUCKY.  5 

Six  hours  of  actual  work  in  the  school  room  shall  constitute  a  school 
day;  and  under  no  circumstances  shall  the  daily  session,  including 
recesses  and  intermissions,  exceed  nine  hours  in  length.  When  the  at- 
tendance exceeds  fifty,  the  teacher  may  employ,  during  such  attend- 
ance, an  assistant,  whose  scholarship  and  competency  shall  be  ac- 
ceptable to  the  division  board  of  his  educational  division.  When 
the  school  shall  require  an  assistant  to  serve  regularly  at  a  salary 
such  assistant  shall  hold  a  certificate  of  qualification  and  be  employed 
by  the  division  board  of  his  educational  division.  (Ky.  Stat.  Sec.  4366, 
as  changed  by  Act  1908.) 

§  5. — Regulations  for  Schools — Penalties — All  pupils  who  may  be 
admitted  to  common  schools  shall  comply  with  the  regulations  estab- 
lished in  pursuance  of  law  for  the  government  of  such  schools.  Willful 
disobedience  or  defiance  of  the  authority  of  the  teachers,  habitual  pro- 
fanity or  vulgarity,  or  other  gross  violation  of  propriety  or  law,  shall 
constitute  good  cause  for  suspension  or  expulsion  from  school.  (Ky. 
Stat.  Sec.  4367.) 

§  6. — Forbidden  Publications  and  Doctrines — No  books  or  other 
publications  of  a  sectarian,  infidel,  or  immoral  character,  shall  be  used 
or  distributed  in  any  common  school;  nor  shall  any  sectarian,  infidel 
or  immoral  doctrine  be  taught  therein.  (Ky.  Stat.  Sec.  4368.) 

§  7. — Conditions  for  Graduation — Whenever  a  pupil  of  any  com- 
mon school  shall  have  faithfully  completed  the  prescribed  course  of 
study,  shall  have  passed  a  proper  examination  before  the  County 
Board  of  Examiners,  on  a  series  of  questions  prescribed  by  the 
State  Board  of  Examiners  and  paid  to  the  said  county  board  an  exami- 
nation fee  of  one  dollar,  he  shall  be  entitled  to  a  certificate  of  such 
completion  and  examination,  signed  by  said  county  board,  and  approved 
by  the  Superintendent  of  Public  Instruction  who  shall  affix  thereto  his 
official  seal.  The  Superintendent  of  Public  Instruction  shall  prepare 
a  proper  form  for  said  certificate.  One  such  examination  shall  be  held 
in  each  county  on  the  last  Friday  and  Saturday  in  January,  and  un- 
other  on  the  second  Friday  and  Saturday  in  May  of  each  year.  (Ky. 
Stat.  Sec.  4369.) 

§  8.— Intoxicating  Liquors  not  to  be  sold — That  no  person  shall 
sell  or  otherwise  dispose  of  any  spirituous,  vinous,  or  malt  liquors 
within  four  hundred  feet  of  the  campus  or  grounds  of  any  normal 
school  or  university  maintained  in  whole  or  in  part  by  the  Common- 
wealth of  Kentucky.  Any  person  offending  against  the  provision 
hereof  shall,  for  each  offense,  be  fined  not  less  than  ten  dollars  nor 
more  than  fifty  dollars,  or  confined  in  the  county  jail  for  any  length 
of  time  not  to  exceed  twenty-five  days,  either  or  both  so  fined  and 
imprisoned,  in  the  discretion  of  the  court  or  jury  trying  the  case. 
(Acts  of  1912.) 


6  SCHOOL  'LAWS  OF  KENTUCKY. 

SCHOOL  SUFFRAGE  FOR  WOMEN. 
'.v    "    i» 

ACTS  OF  1912. 

§  9. — Qualifications — That  all  women  possessing  the  legal  qualifi- 
cations required  of  male  voters  in  any  common  school  election,  and 
who  in  addition  are  able  to  read  and  write,  shall  be  qualified  and  en- 
titled to  vote  at  all  elections  of  school  trustees  and  other  school  offi- 
cers required  to  be  elected  by  the  people,  and  upon  all  school  measures 
or  questions  submitted  to  a  vote  of  the  people;  and  all  women  possess- 
ing the  legal  qualifications  required  as  to  males  shall  be  eligible  to 
hold  any  school  office  or  office  pertaining  to  the  management  of 
school.  Provided,  however,  that  this  act  shall  not  apply  to  any  elec- 
tion the  qualifications  of  the  voters  at  which  are  otherwise  prescrib- 
ed by  the  Constitution  nor  to  any  office  as  to  which  the  Constitution 
otherwise  prescribes  the  qualifications  of  the  persons  eligible  there- 
to. 

§  10. — Registration — In  all  places  where  a  registration  of  the 
qualified  voters  is  now  or  may  hereafter  be  required,  women  who  are, 
by  this  act,  qualified  to  vote  shall  be  registered  at  the  same  time  and 
place  and  by  the  same  officers  and  in  the  same  manner  as  male  vot- 
ers; their  registration,  however,  being  made  in  a  separate  book  to  be 
furnished  by  the  county  clerk  as  is  prescribed  by  law  in  the  case  of 
male  voters.  And  all  the  provisions  of  law  relating  to  the  registra- 
tion of  male  voters  are  hereby  made  applicable  to  the  registration  of 
women  qualified  to  vote  by  this  act. 

§  11. — Separate  Ballots — When  the  elections  referred  to  in  Sec- 
tion 1  of  this  act  are  held  on  the  same  day  with  the  State,  county  or 
city  elections,  separate  ballots,  similar  to  those  required  in  other  elec- 
tions, except  that  they  contain  only  the  names  of  candidates  for  school 
officers  or  questions  relating  to  schools,  shall  be  provided  for  women* 
voters  qualified  under  this  act;  otherwise  the  elections  shall  be  held 
according  to  the  provisions  of  the  general  election  law.  (Acts  of  1912.) 


CHAPTER   III. 
SCHOOL  FUND. 

§  12. — School  Fund — The  school  fund  shall  consist  of  the  "fund 
dedicated  by  the  Constitution  and  laws  of  this  Commonwealth  for  the 
purpose  of  sustaining  a  system  of  common  schools  therein:  (1)  The 
interest  on  the  bond  of  the  Commonwealth  for  one  million  three  hun- 
dred and  twenty-seven  thousand  dollars  ($1,327,000.00)  in  aid  of  com- 
mon schools,  at  the  rate  of  6  per  cent,  per  annum,  payable  semi-an- 
nually  on  the  first  day  of  January  and  July  of  each  year.  (2)  The 


SOH'OOiL  LAWS  OF  KENTUCKY.  7 

dividends  on  seven  hundred  and  thirty-five  (now  seven  hundred  and 
ninety-eight)  shares  of  the  capital  stock  of  the  Bank  of  Kentucky 
representing  a  par  value  of  seventy-three  thousand  five  hundred  dol- 
lars (now  seventy-nine  thousand  eight  hundred)  owned  by  the  State. 
The  surplus,  three  hundred  and  eighty-one  thousand  nine  hundred  and 
eighty-six  dollars  and  eight  cents  ($381,986.08),  now  due  the  several 
counties,  and  remaining  a  perpetual  obligation  against  the  Common- 
wealth for  the  benefit  of  said  respective  counties  for  which  the  Com- 
monwealth shall  execute  its  bond,  bearing  interest  at  the  rate  of  6 
per  cent,  per  annum,  payable  annually  on  the  first  day  of  July  to  the 
counties  respectively  entitled  to  the  same,  and  in  the  proportion  to 
which  they  are  entitled,  to  be  used  exclusively  in  aid  of  common 
schools.  Said  bond  shall  be  executed  by  the  Governor  and  attested 
by  the  Secretary  of  State  for  and  on  behalf  of  the  Commonwealth  of 
Kentucky,  and  when  said  bond  is  executed  the  old  bond  for  three  hun- 
dred and  seventy-eight  thousand  nine  hundred  and  forty-six  dollars 
and  seventy-one  cents,  being  part  of  said  bond,  shall  be  cancelled  and 
destroyed.  (4.)  The  interest  at  6  per  cent,  per  annum,  payable  semi- 
annually,  on  the  first  day  of  January  and  July,  on  six  hundred  and  six 
thousand,  six  hundred  and  forty-one  dollars  and  three  cents  ($606,641.- 
03),  received  from  the  United  States  under  an  act  approved  March  2, 
1891,  for  which  the  Commonwealth  has  executed  bond  pursuant  to  an 
act  approved  March  12,  1892.  (5.)  The  annual  tax  of  twenty-six  and 
one-half  cents  on  each  one  hundred  dollars  of  value  of  all  real  and 
personal  estate  and  corporate  franchises  directed  to  be  assessed  for 
taxation.  (6.)  Such  portions  of  fines,  forfeitures  and  licenses  which 
may  be  realized  by  the  State  as  the  amount  of  taxes  for  common 
school  purposes  bears  to  the  whole  State  tax  other  than  for  the  bene- 
fit of  the  Agricultural  and  Me<chanical  College.  (Ky.  Stat.  Sec.  4370.) 

§  13. — Claims  for  Damage  to  Sheep — Surplus  to  credit  of  County 
School  Fund — At  each  meeting  of  the  fiscal  court  the  claims  for  loss 
or  damage  to  sheep,  which  have  been  filed  not  less  than  thirty  days 
prior  to  such  meeting,  shall  be  taken  up  and  considered,  and  rejected, 
or,  if  correct  and  just,  allow  the  same,  or  such  parts  thereof  as  may 
be  deemed  right:  Provided,  That  the  fiscal  court  may  require  addi- 
tional evidence  on  any  such  claims,  either  by  oral  testimony  or  affi- 
davits. Such  claims  as  are  allowed  shall  be  filed  with  the  Auditor, 
who  shall,  after  the  first  of  January  of  each  year,  take  up  all  such 
claims  by  counties,  and  draw  his  warrants  upon  the  Treasurer  in 
favor  of  claimant  for  the  amount  allowed  by  the  fiscal  court:  Provided, 
If  the  amount  of  the  dog  tax  fund  to  the  credit  of  any  county  be  not 
sufficient  to  pay  all  claims  for  such  county,  the  Auditor  shall  pro 
rate  the  claims  from  such  county.  Any  surplus  remaining  to  the 
credit  of  a  county  after  all  such  claims  are  allowed  shall  be  trans- 
ferred to  the  credit  of  the  school  fund  of  such  county.  (Ky.  Stat. 
Sec.  68a,  sub-section  4.)  (This  section  has  probably  been  repealed  in 
part  by  the  Acts  of  1912.) 


8  SCHOOL  LAWS  OF  KENTUCKY. 

§  14.— Entire  Annual  Resources — How  Appropriated — The  forego- 
ing shall  constitute  the  annual  resources  of  the  school  fund  of  Ken- 
tucky, and  shall  be  paid  into  the  treasury,  and  shall  not  be  drawn  out 
or  appropriated,  except  to  pay  the  expenses  of  the  State  Department 
of  Education  of  whatever  character  or  kind,  and  in  aid  of  common 
schools,  as  provided  in  this  chapter.  (Ky.  Stat.  Sec.  4371.) 

§  15.— Use  of  Fund  and  its  Revenue— Except  as  otherwise  ex- 
pressly provided  in  this  chapter,  no  part  of  the  common  school  fund, 
or  of  the  revenue  thereof,  shall  be  used  for  any  other  purpose  than  the 
payment  of  teachers  of  common  schools,  legally  qualified  and  em- 
ployed in  pursuance  thereof.  (Ky.  Stat.  Sec.  4372.) 

§  16.— Duty  of  Auditor— The  Auditor  shall  keep  the  accounts  in 
relation  to  this  fund.  He  shall,  once  in  each  month,  make  a  transfer 
to  the  credit  of  said  fund  of  all  receipts  into  the  treasury,  with  the 
source  of  each  item,  for  the  benefit  of  the  common  schools  up1  to  the 
date  of  such  transfer.  He  shall  allow  no  expenditures  on  that  ac- 
count beyond  the  annual  revenue  of  the  fund,  and  shall  see  that  no 
county  draws  more  than  its  proper  proportion.  (Ky.  Stat.  Sec.  4373.) 

§  17. — Distribution  of  net  Revenue — The  net  revenue  of  the  fund 
accruing  during  each  school-year  shall  constitute  the  sum  to  be  dis- 
tributed. But  no  fees  to  county  judges  or  clerks,  discount  on  checks, 
or  other  incidental  expenses,  shall  be  paid  out  of  the  distributable 
share  of  the  revenue  apportioned  to  any  county;  but  such  payment, 
when  allowed  by  the  fiscal  court,  shall  be  made  out  of  the  county 
levy.  (Ky.  Stat.  Sec.  4374.) 

§  18. — Estimate — Pro  Rata  Apportionment — Second  Year  Fund — 
Extended  School  Term  and  Supplement  Salary  of  Teacher — Surplus — 
The  Superintendent  of  Public  Instruction  shall,  on  or  before  the  fif- 
teenth day  of  July  in  each  year,  ascertain  and  estimate  for  the  school 
year  the  pro  rata  share  to  which  each  pupil-child  will  be  entitled,  ac- 
cording to  the  whole  number  of  such  children  residing  in  each  county 
and  each  school  district  respectively,  as  shown  by  the  returns  of  the 
County  Superintendent.  If  at  the  time  of  making  such  estimate  and 
apportionment,  the  census  returns  of  the  superintendent  for  any 
county  have  not  been  made  to  him,  he  shall  use  the  census  returns 
made  for  the  previous  year.  It  shall  be  the  duty  of  the  Auditor  to 
furnish  the  Superintendent  of  Public  Instruction  such  data  as  may  be 
needed  in  making  such  estimate  and  apportionment.  It  shall  be  the 
duty  of  the  Superintendent  of  Public  Instruction,  as  soon  as  practi- 
cable, to  file  such  a  copy  of  said  estimate  and  apportionment  with  the 
Auditor,  and  to  inform  each  county  superintendent  of  the  amount  to 
which  each  school  subdistrict  of  his  county  shall  be  entitled.  What- 
ever difference  may  exist  between  the  estimated  and  the  actual 
revenue  of  the  school  fund  for  any  school  year  shall  be  taken  into 
the  account  of  the  estimate  and  apportionment  for  the  succeeding 
school  year.  If  the  pro  rata  share  of  any  school  be  not  called  for 
after  the  second  school  year,  it  shall  be  covered  into  the  treasury  and 


SCHOOL  LAWS  OF  KENTUCKY.  9 

be  placed  to  the  credit  of  the  school  fund  for  general  apportionment 
the  following  school  year.  When  any  school  subdistrict  in  any  school 
year  shall  have  failed  to  use  all  or  any  part  of  the  money  due  it  for 
such  school  year  such  subdistrict  shall  be  entitled  to  said  money  for 
the  next  school  year,  which  money  shall  be  used  either  to  extend  the 
school  term  or  to  supplement  the  salary  of  the  teacher  or  teachers 
employed  to  teach  such  school  as  may  be  agreed  upon  by  trustees  of 
such  subdistrict  and  the  teacher  or  teachers  employed  to  teach 
therein;  provided,  however  that  any  contract  or  agreement  for  the 
use  of  any  money  not  used  in  any  previous  school  year,  shall  be  ap- 
proved by  the  County  Superintendent  of  Common  Schools.  A  detail- 
ed statement  of  the  surplus  amount  to  which  each  county  is  entitled 
shall  be  made  out  by  the  Superintendent  of  Public  Instruction  and 
filed  and  preserved  in  his  office.  The  bonded  surplus  in  the  State  treas- 
ury to  the  credit  of  the  counties  shall  bear  interest  at  the  rate  of 
six  per  cent,  per  annum,  and  the  per  capita  derived  from  said  interest 
shall  be  duly  apportioned  to  the  white  and  the  colored  schools  of  the 
county  respectively,  and  be  paid  as  provided  in  the  following  section: 
Provided,  That  when  any  county  heretofore  established  out  of  the 
territory  belonging  to  a  county  or  counties  having  a  surplus  which 
has  not  been  apportioned  among  said  counties,  and  when  any  new 
county  shall  hereafter  be  established  out  of  territory  belonging  to  a 
county  or  counties  having  such  a  surplus,  then  the  Superintendent 
of  Public  Instruction  shall  apportion  such  surplus  among  the  original 
and  new  counties  in  an  equitable  manner.  (Ky.  Stat.  sec.  4375,  as 
amended  by  act  of  General  Assembly  1908.) 

(The  act  of  1912  has  probably  repealed  certain  parts  of  this  sec- 
tion.) 

§  19. — Successive  Warrants — Distributing  School  Fund — Pay  Rolls 
— Fund  if  insufficient  must  be  distributed  proportionately  impartially 
—For  each  school  year  the  Auditor  of  Public  Accounts  shall,  on  the 
successive  warrants  of  the  Superintendent  of  Public  Instruction,  dis- 
tribute the  amount  of  the  school  fund  due  each  County  Superintend- 
ent of  Common  Schools,  and  the  amount  due  each  city,  town  or  vil- 
lage, organized  as  one  district  to  the  Treasurer  of  the  School  Board 
thereof,  as  follows:  On  or  before  the  first  of  October,  one-sixth  of  the 
whole  amount;  on  or  before  the  first  of  November,  one-sixth  of  the 
whole  amount;  on  or  before  the  first  day  of  December,  two-sixths  of 
the  whole  amount;  on  or  before  the  first  of  January,  one-sixth  of  the 
whole  amount,  and  on  or  before  the  first  of  February,  the  residue, 
including  the  undistributed  surplus;  Provided,  That  if  on  the  first  day 
of  October,  November  or  December,  the  amount  in  the  treasury  to  the 
credit  of  the  school  fund  be  insufficient  to  admit  of  a  full  distribu- 
tion of  the  proportion  required  by  this  act,  then  the  Auditor  of  Public 
Accounts  shall,  upon  the  successive  warrants  of  the  Superintendent 
of  Public  Instruction,  distribute  the  amount  of  the  school  fund  then 
on  hand  proportionately,  without  preference  or  partiality  to  all  the 


10  SCHOOL  'LAWS  OP  KENTUCKY. 

school  districts  in  the  State  as  heretofore  directed,  and  in  no  event 
shall  any  school  subdistrict  entitled  to  participate  be  omitted  or  ex- 
cluded in  any  distribution,  or  a  further  distribution  be  made  to  any 
district  or  subdistrict  until  all  other  subdistricts  have  been  made 
equal  on  any  previous  distribution  theretofore  made.  (Ky.  Stat.  Sec. 
4376,  as  amended  by  act  of  General  Assembly,  1904.) 


CHAPTER   IV. 

STATE  BOARD  OF  EDUCATION. 

§  20. — How  Constituted — The  Superintendent  of  Public  Instruc- 
tion, together  with  the  Secretary  of  State  and  Attorney-General,  shall 
constitute  the  State  Board  of  Education.  The  board  thus  constituted 
shall  be  a  body  politic  and  corporate  by  the  name  and  style  of  the 
Kentucky  State  Board  of  Education.  (Ky.  Stat.  Sec.  4377.) 

§  21. — Powers  as  to  real  and  personal  estate — Custodian  of  evi- 
dences— The  corporation  shall  take,  hold  and  dispose  of  real  or  per- 
sonal estate  for  the  benefit  of  the  common  schools  of  the  State.  The 
bonds,  certificates  of  stock,  and  other  evidences  of  property  held  by 
the  board  for  common  school  purposes,  shall  be  in  the  custody  of 
the  chairman,  and  the  place  of  deposit  shall  be  shown  by  the  records 
of  the  board.  (Ky.  Stat.  Sec.  4378.) 

§  22. — Chairman — Quorum — The  Superintendent  of  Public  In- 
struction shall  be  chairman  of  the  board,  and,  with  one  other  mem- 
ber, may  control  its  corporate  action  at  any  regular  or  called  meet- 
ing of  the  board,  of  which  all  the  members  shall  have  had  timely 
notice  in  writing.  (Ky.  Stat.  Sec.  4379.) 

§  23. — Meetings — How  Called — The  board  shall  meet  only  on  writ- 
ten call  of  the  chairman.  (Ky.  Stat.  Sec.  4380.) 

§  24. — Corporate  Acts — The  corporate  acts  of  the  board  shall  be 
attested  by  the  signature  of  the  chairman,  and  his  private  seal  shall 
stand  in  lieu  of  a  corporate  seal.  (Ky.  Stat.  Sec.  4381.) 

§  25. — Standing  Committee— The  State  Board  of  Education  shall 
constitute  -a  standing  committee,  who  shall  prepare  rules,  by-laws  and 
regulations  for  the  government  of  the  common  schools  of  the  State, 
which  shall  be  adopted  and  enforced  under  the  authority  and  direc- 
tion of  the  county  superintendents,  trustees  and  teachers;  shall  pre- 
scribe regulations  for  the  management  of  county  teachers'  libraries, 
and  prepare  suitable  lists  of  books  for  subdistrict  libraries  with  regu- 
lations for  the  management  thereof;  shall  prescribe  and  publish  a 
public  graded  course  of  study  for  the  common  schools  specifying  the 
order  of  studies,  and  the  time  to  be  allotted  to  each,  which  course  of 
study  shall  be  observed  by  the  teacher  and  enforced  by  the  trustees. 
(Ky.  Stat,  gee.  4382,) 


SCHOOL  LAWS  OF  KENTUCKY.  11 

§  26. — Course  of  Study — The  instruction  prescribed  by  the  board 
shall  embrace  spelling,  reading,  writing,  arithmetic,  English  grammar, 
English  composition,  geography,  physiology  and  hygiene,  civil  govern- 
ment, United  States  history  and  the  history  of  Kentucky.  After  July 
1,  1893,  the  nature  and  effects  of  alcoholic  drinks  and  narcotics  upon 
the  human  system  shall,  in  all  schools  supported  wholly  or  in  part 
by  the  State,  be  taught  as  thoroughly  as  other  required  studies  to  all 
pupils  studying  physiology  and  hygiene*  as  a  part  of  this  branch.  (Ky. 
Stat.  Sec.  4383.) 


CHAPTER  V. 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 

§  27. — Oath — Bond — Beginning  of  term — The  Superintendent  of 
Public  Instruction  shall  take  the  oath,  and  enter  upon  the  duties  of 
his  office,  on  the  first  Monday  in  January  after  his  election,  and  shall 
give  bond  to  the  Commonwealth,  with  good  security,  for  the  faithful 
performance  of  his  duties  to  be  approved  by  the  Governor,  with  at 
least  twenty-five  thousand  dollars,  the  bond  to  be  filed  in  the  office  of 
the  Secretary  of  State.  (Ky.  Stat.  Sec.  4384.) 

§  28. — Salary — Office  Supplies — Clerks — His  salary  shall  be  two 
thousand  five  hundred  dollars  per  annum;  besides  which,  he  shall  be 
entitled  to  all  office  fixtures,  stationery,  books,  postage,  fuel  and 
lights  needed  to  carry  on  the  work  of  his  office.  He  shall  have  power 
to  appoint  three  clerks,  namely:  A  chief  clerk,  whose  salary  shall  be 
fifteen  hundred  dollars  per  annum,  a  first  clerk  whose  salary  shall  be 
one  thousand  dollars  per  annum,  and  a  second  clerk,  whose  salary 
shall  be  eight  hundred  and  fifty  dollars  per  annum;  said  salaries  to 
be  paid  monthly  out  of  the  common  school  fund.  (Ky.  Stat.  Sec. 
4385.) 

§  29. — State  Board  of  Examiners — The  Superintendent  of  Public 
Instruction  shall  appoint  two  professional  educators,  who,  together 
with  himself  shall  constitute  a  State  Board  of  Examiners,  who  shall 
examine  all  applicants,  personally  applying  to  them  for  certificates  of 
qualifications  as  county  superintendents,  or  for  State  diplomas  or 
State  certificates.  The  said  Board  of  Examiners  shall  prepare  the  ser- 
ies of  questions  for  the  examination  of  candidates  for  county  super- 
intendents, as  provided  in  section  49  of  this  chapter,  and  also  the  dif- 
ferent series  of  questions  for  the  examination  of  teachers  -as  provided 
in  section  79  of  this  chapter  and  before  forwarding  to  the  county 
superintendents,  shall  submit  all  of  the  said  series  to  the  State 
Board  of  Education  for  their  Approval.  (Ky.  Stat.  Sec.  4386.) 

§  30. Office  and  Work— He  shall  keep  his  office  at  the     seat  of 

government  in  such  suitable  buildings  as  may  be  provided,  and  shall 


12  SCHOOL  LAWS  OF  KENTUCKY. 

devote  his  entire  time  and  attention  to  the  duties  of  his  office.  (Ky. 
Stat.  Sec.  4387.) 

§  31. — Accounts — Settlements — Changes  of  County  Superintendent 
— He  shall  keep  an  account  of  all  the  orders  drawn  or  countersigned 
by  him  on  the  auditor;  of  all  the  returns  of  settlements  and  of  all 
changes  in  the  office  of  county  superintendents,  which  shall  be  fur- 
nished to  the  auditor  whenever  required.  (Ky.  Stat.  Sec.  4388.) 

§  32. — Biennial  report — He  shall,  biennially,  on  or  before  the  meet- 
ing of  the  General  Assembly,  make  report  of  the  condition,  progress 
and  prospects  of  the  common  schools;  the  amount  and  condition  of 
the  school  fund;  how  its  revenue  for  the  two  previous  school  years 
has  been  distributed;  the  amount  produced  and  disbursed  for  com- 
mon school  purposes  from  local  taxation  or  other  sources  and  how 
and  for  what  the  same  was  expended;  an  abstract  of  the  county  super- 
intendent's reports,  the  practicable  working  of  the  common  school  sys- 
tem of  the  State,  with  suggestions  as  to  any  alterations  it  may  re- 
quire; all  of  which  together  with  such  other  facts,  statistics  and  in- 
formation, as  may  be  deemed  of  interest  to  be  known,  he  shall  de- 
liver to  the  contractor  for  the  public  printing,  and  cause  to  be  printed 
a  copy  for  each  school  district,  and  for  each  county  and  city  super- 
intendent of  schools  in  the  State,  seven  hundred  and  fifty  copies  for 
the  use  of  the  members  of  the  General  Assembly  and  for  exchange 
with  the  Superintendents  of  Public  Instruction  of  other  States,  and 
five  hundred  copies  for  distribution  by  the  superintendent  according 
to  his  discretion.  (Ky.  Stat.  Sec.  4389.) 

§  33. — Educational  Charitable  Institutions — The  Superintendent,  in 
his  report,  shall  set  forth  the  objects,  methods  of  admission,  and 
other  general  information  concerning  the  institutions  for  the  blind,  the 
deaf  and  dumb,  and  the  feeble-minded;  and,  to  aid  him  in  his  work 
the  superintendents  of  those  institutions  shall  be  required  annually 
by  the  first  day  of  September,  to  furnish  the  Superintendent  of  Pub- 
lic Instruction  with  such  condensed  statement  of  their  respective  In- 
stitutions as  it  would  be  profitable  to  publish.  (Ky.  Stat.  Sec.  4390.) 

§  34. — Of  Certified  Copies  of  Records,  etc. — Copies  of  records  and 
papers  in  his  office,  certified  by  him  shall  in  all  cases,  be  evidence 
equally  with  the  originals.  (Ky.  Stat.  Sec.  4391.) 

§  35. — Blanks — Official  Documents — Instructions — He  shall  prepare 
suitable  blanks  for  reports,  registers,  certificates,  notices,  and  such 
other  official  documents  as  may  be  provided  for  in  this  chapter  and 
shall  cause  the  same,  with  such  instructions  and  information  as  he 
may  deem  necessary  to  a  proper  understanding  and  use  of  them  to  be 
transmitted  to  the  officers  and  persons  intrusted  with  the  execution 
of  the  provisions  of  the  school  law.  (Ky.  Stat.  Sec.  4392.) 

§  36. — Shall  Biennially  Edit  Laws— The  Superintendent  of  Public 
Instruction  shall  biennially  collect,  arrange  for  publication  and  index 
the  school  laws,  omitting  all  that  has  been  repealed  and  inserting  in 
its  proper  place  that  which  is  amendatory.  (Ky.  Stat.  Sec.  4393.) 


SCHOOL  LAWS  OF  KENTUCKY.  13 

§  37. — Report  Neglect  of  Duty,  etc. — It  shall  be  his  duty  to  report 
any  neglect  of  duty  or  any  misappropriations  of  common  school  funds 
on  the  part  of  the  county  superintendents  or.  trustees  of  common 
schools  in  this  Commonwealth  to  the  county  attorney  whose  duty  it 
shall  be  whenever  such  neglect  of  duty  or  misappropriation  of  funds 
shall  come  to  his  knowledge,  to  prosecute  such  person  in  the  circuit 
court  of  the  county.  (Ky.  Stat.  Sec.  4394.) 

§  38. — Publications  for  Annual  Distribution — He  shall  have  pub- 
lished, for  annual  distribution  throughout  the  State,  the  general 
school  laws  of  the  State,  abstracts  of  the  decisions  of  th«  appellate 
courts  and  of  the  Attorney-General  on  points  of  school  law  and  con- 
struction thereof,  decisions,  rules  and  regulations  of  the  State  Board 
of  Education  and  of  the  State  Board  of  Examiners,  plans  and  specifi- 
cations for  building  school  houses;  information  and  instructions  in 
regard  to  application  of  the  school  law  and  the  management  of  the 
common  schools,  important  official  and  legal  periods  of  the  school 
year,  with  due  notice  thereof;  and  such  other  important  facts  and 
data  as  may  be  of  interest  to  the  public.  Acts  of  1894.  (Ky.  Stat.  Sec. 
4395.) 

§  39. — Official  Decisions— Appeals — Records — The  Superintendent 
of  Public  Instruction  shall,  at  the  written  request  of  any  county  super- 
intendent of  common  schools,  decide  any  question  of  difference  or 
doubt  touching  the  administrative  duties  of  officers  and  teachers  of  the 
common  schools  in  his  county.  The  decision  of  the  Superintendent 
of  Public  Instruction  shall  in  such  case,  be  final,  unless  appeal  be 
prosecuted  from  his  decision  to  the  State  Board  of  Education  within 
thirty  days.  Before  rendering  such  opinion,  the  superintendent  may 
obtain  the  advice  of  the  Attorney-General,  whose  opinion,  in  writing, 
shall  be  conclusive  for  the  time,  and  sufficient  defense  against  all 
parties.  The  decisions  of  the  Superintendent  of  Public  Instruction, 
and  the  opinion  of  the  Attorney-General,  shall  be  duly  filed  and  duly 
recorded  in  a  book  kept  for  that  purpose.  (Ky.  Stat.  Sec.  4396.) 

§  40.— Duty  in  case  of  Donations,  Gifts  or  Devise — Whenever  he 
shall  be  informed  that  any  donation,  gift  or  devise  of  any  real  or  per- 
sonal estate  shall  have  been  made  to  the  common  school  fund  of  Ken- 
tucky, it  shall  be  the  duty  of  the  Superintendent  of  Public  Instruction 
to  appoint  some  discreet  person,  who  shall  take  charge  of  the  real  or 
personal  estate  so  granted,  devised  or  donated  and  sell  and  dispose  of 
the  same,  and  pay  the  proceeds  into  the  State  treasury.  Before  said 
agent  so  appointed  by  the  Superintendent  of  Public  Instruction  shall 
proceed  to  act,  he  shall  give  a  bond,  with  good  security,  to  the  Com- 
monwealth, for  the  faithful  discharge  of  his  duties  as  agent.  Said 
bond  shall  be  given  in  the  county  in  which  the  donor,  grantor,  or  de- 
visor shall  have  died,  or  in  the  county  in  which  the  property  is  sit- 
uated, the  bond  to  be  executed  in,  and  approved  by,  the  county  court. 
The  person  so  appointed  shall  make  a  settlement  with  the  county 
court  of  his  county,  once  in  each  year,  and  shall  pay  into  the  treasury 


14  SCHOOL  LAWS  OF  KENTUCKY. 

the  amount  found  in  his  hands  after  said  settlement.  The  court  shall 
allow  said  person  a  reasonable  compensation  for  collecting  and  paying 
over  said  money,  not  .exceeding  ten  per  cent,  on  the  first  five  hundred 
dollars,  and  five  per  cent,  on  the  residue,  which  amount  said  person 
shall  retain  in  his  hands  out  of  the  money  collected.  For  any  failure 
of  the  person  so  appointed  to  discharge  the  duties  under  this  law,  he 
and  his  sureties  shall  be  liable  to  all  damages  sustained,  and  for  all 
money  collected,  with  twenty  per  cent,  damages  on  the  amount  so  col- 
lected, and  which  he  has  failed  to  pay  over.  The  suit  on  the  bond  shall 
be  brought  in  the  name  of  the  Commonwealth  of  Kentucky,  and  shall 
be  instituted  by  the  Commonwealth's  attorney,  or  county  attorney. 
The  person  appointed  by  the  Superintendent  of  Public  Instruction 
shall  have  the  same  power  in  collecting  and  settling  the  estate  as  an 
administrator  or  executor  now  has  by  law,  may  institute  and  defend 
all  suits  in  reference  to  said  estate,  and  sell  and  convey  the  real  estate 
by  deed.  The  amount  of  money  paid  into  the  treasury  under  the  pro- 
visions of  this  section  shall  remain  there  until  disposed  of  by  law, 
and  the  treasurer  and  his  sureties  shall  be  liable  for  the  same  on  his 
official  bond.  This  section  shall  apply  to  all  gifts,  donations  or  de- 
vises heretofore  or  hereafter  made  to  the  school  fund  of  Kentucky. 
But  the  provisions  of  this  section  shall  not  apply  to  cases  where  the 
terms  or  conditions  of  the  devises,  gifts  or  donations  conflict  with 
said  provisions;  but,  in  such  cases,  the  terms  or  conditions  of  the  de- 
vise, grant  or  donation  shall  be  carried  out  as  intended  by  the  person 
making  the  same.  (Ky.  Stat.  Sec.  4397.) 

§  41. — Duty  to  Successor — Upon  retiring  from  office,  the  Superin- 
tendent of  Public  Instruction  shall  deliver  to  his  successor  all  books, 
papers  and  effects  belonging  to  the  office,  and  on  failure  to  do  so,  shall 
be  fined  in  a  sum  not  less  than  one  hundred  nor  more  than  five  hun- 
dred dollars,  to  be  recovered  by  indictment  in  the  Franklin  Circuit 
Court.  (Ky.  Stat.  Sec.  4398.) 

§  42. — Expenses  to  be  paid — The  Superintendent  of  Public  Instruc- 
tion should  visit  various  portions  of  the  State  in  the  interest  of  the 
Common  Schools.  The  necessary  expenses  thus  incurred  by  the  State 
Superintendent,  not  to  exceed  in  all  five  hundred  dollars  annually, 
while  engaged  in  such  work,  shall  be  paid  by  the  Treasurer  and 
charged  to  the  common  school  fund;  and  that  the  Superintendent  is 
hereby  authorized  to  make  monthly  requisitions  on  the  Auditor  for 
such  expenses,  and  that  he  render  an  itemized  account  of  the  same. 
(Ky.  Stat.  Sec.  4385a.) 


SCHOOL,  LAWS  OF  KENTUCKY.  15 


CHAPTER  VI. 
SCHOOL  INSPECTION. 

(Acts  of  1912.) 

§  43. — State  Superintendent  to  be  Inspector — Appointment  of  As- 
sistants.— That  the  State  Superintendent  of  Public  Instruction  be,  and 
is  hereby,  authorized  to  act  as  Special  State  Inspector  and  Examiner 
of  all  schools  in  cities,  towns  and  counties  in  the  Commonwealth,  re- 
ceiving funds  directly  or  indirectly  from  the  State  or  said  cities, 
towns  and  counties.  The  State  Superintendent  of  Public  Instruction 
before  entering  upon  this  special  duty,  shall  take  an  oath  before 
some  one  qualified  to  administer  the  oath,  to  faithfully  and  diligently 
perform  the  duties  of  this  office  and  shall  execute  bond  with  good  and 
sufficient  security,  to  be  approved  by  the  Governor  in  a  sum  not  to 
exceed  ten  thousand  dollars,  which  bond  shall  be  filed  with  the  Secre- 
tary of  State. 

The  Superintendent  of  Public  Instruction  shall  receive  annually, 
for  such  special  duty,  the  salary  of  $1,500.00,  payable  monthly  out  of 
the  State  School  Fund. 

He  shall  have  power  to  appoint  two  assistants  at  salaries  of  one 
thousand  dollars  per  annum,  and  all  necessary  contingent  and  travel- 
ing expenses  for  himself  and  his  assistants,  when  on  business  per- 
taining to  these  official  duties.  He  shall  be  allowed,  not  to  exceed 
two  thousand  dollars  per  annum  for  additional  clerk  hire  for  this  De- 
partment, in  connection  with  the  State  Department  of  Education,  that 
the  State  Department  may  be  made  more  efficient  in  the  conduct, 
supervision,  management  and  inspection  of  the  schools  and  school 
revenues  of  the  Commonwealth.  These  salaries  and  necessary  ex- 
penses thus  incurred,  shall  be  paid  by  the  Treasurer  and  charged  to 
the  common  school  fund,  and  the  Superintendent  is  hereby  authorized 
to  make  monthly  requisitions  on  the  Auditor  for  such  salaries  and 
expenses  and  that  he  render  an  itemized  account  of  the  same. 

§  44. — Bond  to  be  given  by  Assistant  Inspectors — The  assistants 
appointed  by  the  Superintendent  may  be  required  by  him,  subject 
to  the  approval  of  the  State  Board  of  Education,  to  make  such  bond 
as  they  may  deem  sufficient,  to  faithfully  and  diligently  perform, 
under  the  direction  of  the  State  Superintendent,  such  duties  as  he 
may  assign  them,  either  in  the  office  of  the  Superintendent,  or  on 
business  pertaining  to  the  official  inspection  duties.  Such  bond  shall 
be  filed  in  the  office  of  the  Superintendent  of  Public  Instruction. 

§  45. — Power  to  Inspect  School  Funds  and  management  of  all 
Schools— It  shall  be  the  duty  of  the  State  Superintendent  as  Special 


16  SOHOOL  LAWS  OF  KENTUCKY. 

Inspector,  by  and  through  the  co-operation  of  his  assistants,  to  in- 
spect and  examine  into  the  fiscal  management  and  conduct  of  the 
office  of  all  school  officials,  whose  duty  it  is  to  receive,  handle  or  dis- 
burse the  public  school  funds  either  directly  or  indirectly  and  to 
compel  an  account  of  said  school  officials.  The  said  Inspector  shall 
have  power  to  examine  into  the  management  of  public  schools  sup- 
ported in  whole  or  in  part  by  the  State  and  to  see  that  the  school 
laws,  rulings,  regulations  and  all  by-laws  of  the  State  Board  of  Edu- 
cation, are  enforced  and  operative  in  such  a  way  as  to  best  and  most 
equitably  distribute  the  educational  equipment  of  the  State  and  to 
make  the  public  school  system  of  the  State  a  more  efficient  system. 

§  46. — May  Issue  Process  to  Compel  Attendance  of  Witnesses — 
Penalties — He  shall,  at  all  times,  have  access  to  the  papers,  books 
and  records  of  any  and  all  teachers,  trustees,  superintendents  or  other 
public  officials,  and  shall  have  power  to  issue  process  and  compel  at- 
tendance of  witnesses  before  him  and  to  administer  oaths  to  and  to 
compel  witnesses  to  testify  in  any  of  the  investigations  he  is  author- 
ized to  make,  and  upon  the  failure  of  any  witness  to  attend  or  testify 
without  legal  excuse,  he  shall  be  deemed  guilty  of  misdemeanor  and 
upon  conviction,  fined  not  to  exceed  $25.00  for  each  offense.  He  shall 
have  power  to  clothe  his  assistants  with  full  power  of  attorney  to  act 
for  him  as  Inspector. 

§  47. — Report  of  Misconduct  to  County  or  Commonwealth  Attorney 
— When  he  or  his  assistants  shall  find  any  mismanagement,  miscon- 
duct, violation  of  law,  or  wrongful  or  improper  use  of  any  County  or 
State  school  fund,  or  neglect  in  the  performance  of  duty  on  the  part 
of  any  school  official,  he  shall  report  any  and  all  such  violations  of 
the  school  laws,  when  discovered  to  the  State  Board  of  Education, 
whose  duty  it  shall  be,  through  the  State  Superintendent,  as  Special 
Inspector,  or  one  of  his  assistants,  to  call  in  the  assistance  of  the 
County  Attorney  or  Commonwealth's  Attorney  in  the  county  or  dis- 
trict where  such  violation  occurs,  to  assist  in  the  indictment,  prose- 
cution and  conviction  of  the  accused,  or  if  indictment,  prosecution  and 
conviction  are  not  warrantable,  he  shall  report  such  neglect  or  mis- 
conduct to  the  State  Board  of  Education  who  shall  have  power  to 
rectify  and  regulate  all  such  matters. 

§  48. — Emergency  Clause — The  necessity  for  the  immediate  opera- 
tion of  the  provisions  of  this  act,  is  so  patent  that  an  emergency  is 
hereby  declared  to  exist  and  this  act  shall  take  effect  from  and  after 
its  passage  and  approval  by  the  Governor. 


SCHOOL  LAWS  OF  KENTUCKY.  17 


CHAPTER  VII. 
COUNTY  SUPERINTENDENT. 

§  49. — Qualification — Certificate— Certificate  not  Required  for 
Re-election — There  shall  be  a  county  superintendent  of  common 
schools  in  each  county  of  the  State  who  shall  be  possessed  of 
good  moral  character  and  ability  to  manage  the  common  school 
interests  of  the  county  efficiently.  He  shall  possess  a  good  English 
education  and  shall  be  competent  to  examine  the  teachers  who  shall 
apply  to  teach  the  common  schools  in  the  county.  He  shall  be  twenty- 
four  years  old  at  the  time  of  qualifying,  a  citizen  of  Kentucky,  shall 
have  resided  two  years  next  preceding  the  election  in  this  county 
and  one  year  in  the  county  for  which  he  is  a  candidate.  No  person 
shall  be  eligible  to  the  office  of  county  superintendent  unless  be  shall 
hold  from  the  State  Board  of  Examiners,  a  State  diploma  or  a  State 
certificate  which  will  not  expire  during  his  proposed  term  of  office; 
or  a  certificate  of  qualification  which  shall  in  all  respects,  be  the  equiv- 
alent of  a  State  certificate  issued  by  the  State  Board  of  Examiners, 
on  a  personal  examination  held  at  the  State  Capitol  on  the  last  Fri- 
day and  Saturday  in  May  and  June  next  preceding  the  election  of 
County  Superintendents.  The  fee  for  such  an  examination  shall  be 
five  dollars  and  shall  be  divided  among  the  members  of  the  State 
Board  of  Examiners ;  the  said  certificate  shall  not  entitle  the  holder 
thereof  to  teach  in  the  common  schools  of  the  State.  In  counties 
embracing  any  city  of  the  first  class  and  maintaining  a  system  of 
public  schools  separate  and  distinct  from  the  common  schools  of  the 
county,  no  person  shall  be  eligible  to  the  office  of  County  Superin- 
tendent other  than  a  resident  of  such  county  outside  of  such  city 
or  town.  No  person  shall  be  eligible  to  hold  the  office  of  County 
Superintendent  excepting  such  County  Superintendents  as  are  now 
in  office  and  such  persons  as  have  obtained  a  State  diploma  or  State 
certificate  issued  by  the  State  Board  of  Examiners  or  a  certificate 
as  is  herein  provided  for.  (Acts  of  1912.) 

§  50. — Persons  Ineligible  for  Office — No  County  Judge,  Justice  of 
the  Peace,  Circuit  Clerk,  County  Clerk,  County  Attorney,  County  Sur- 
veyor, Sheriff,  Coroner,  Assessor,  Trustee  of  a  common  school  district 
or  a  teacher  while  engaged  in  teaching  in  any  kind  of  a  school,  shall 
hold  the  office  of  County  Superintendent  and  the  County  Superin- 
tendent shall  devote  his  entire  time  and  attention  to  the  duties  of 
his  office.  (Acts  of  1912.) 

§  51. — Election  and  Term — Exceptions  in  counties  having  cities  of 
the  first  and  second  class — The  County  Superintendent  shall  be  elect- 
ed by  the  qualified  voters  of  each  county,  qualified  to  vote  in  all 


18  SCHOOL  LAWS  OF  KENTUCKY. 

school  elections  at  the  regular  November  election,  provided  by  law 
and  shall  hold  his  office  for  four  years  from  the  first  Monday  in 
January  following  his  election  or  until  the  election  and  qualification 
of  his  successor.  The  county  superintendent  shall  be  elected  and  the 
vote  canvassed  and  the  result  certified  by  the  same  officers  and  in 
the  same  manner  as  in  the  election  of  other  county  officers  and  within 
ten  days  after  the  election,  the  clerk  of  the  County  Court  shall  for- 
ward a  copy  of  the  certificate  of  election  to  the  Superintendent  of 
Public  Instruction.  In  case  of  controverted  right  to  the  office  of 
County  Superintendent,  the  Superintendent  of  Public  Instruction  shall 
have  power  to  recognize  a  superintendent  fro^  among  the  contestants 
until  the  case  has  been  settled;  provided,  that  in  counties  containing 
cities  of  the  first  or  second  class,  maintaining  a  system  of  public 
schools  separate  and  distinct  from  the  common  schools  of  the  county, 
the  County  Superintendent  shall  reside  in  the  portion  of  the  county 
outside  of  such  city  or  cities  and  be  elected  by  the  qualified  voters 
of  said  county  residing  out  of  such  city  or  cities.  (Acts  of  1912.) 

§  52. — Official  Bond — Conditions — Duty  of  County  Clerk — Before 
entering  upon  the  discharge  of  his  duties  each  county  superintendent 
must  enter  into  a  covenant  before  the  County  Court  of  the  county  to 
the  Commonwealth  of  Kentucky,  with  sufficient  security  in  not  less 
than  an  amount  which  shall  not  exceed  twice  the  amount  of  money 
that  he  shall  receive  at  any  installment  from  the  State  Treasury,  as 
common  school  funds,  for  the  faithful  discharge  of  his  duties,  and  the 
said  bond  shall  be  renewed  each  year.  Said  bond  shall  be  given  in 
duplicate,  one  copy  to  be  kept  on  file  in  the  office  of  the  County  Clerk 
and  the  other  to  be  forwarded  by  the  County  Clerk  to  the  Superin- 
tendent of  Public  Instruction.  It  shall  be  the  duty  of  the  County  Clerk 
in  forwarding  the  bond  made  by  the  County  Superintendent  at  the 
time  of  assuming  the  duties  of  his  office,  to  also  forward  to  the  Super- 
intendent of  Public  Instruction,  a  certified  copy  of  the  order  of  the 
court  inducting  the  said  superintendent  into  office.  (Acts  of  1912.) 

§  53. — Salary  Allowed  and  Paid  Out  of  County  Levy — It  shall  be 
the  duty  of  the  Fiscal  Court  to  pay  the  County  Superintendent  an  an- 
nual salary,  payable  monthly,  of  not  less  than  six  hundred  dollars 
($600.00)  after  the  County  Superintendent  shall  have  satisfied  the 
court  by  a  statement  subscribed  and  sworn  to  by  the  superintendent, 
and  from  such  other  evidence  as  may  be  adduced  that  he  has  visited 
the  schools  of  the  county  and  faithfully  executed  and  performed  the 
duties  of  his  office  efficiently  and  in  accordance  with  law.  Said  salary 
shall  be  paid  out  of  the  county  levy  as  the  salary  is  now  paid  and  in 
his  report  to  the  Superintendent  of  Public  Instruction,  he  shall  state 
the  full  amount  allowed  him  by  the  Fiscal  Court  for  his  official  ser- 
vices and  provided  that  no  salary  shall  be  greater  than  $2,500.00.  The 
Fiscal  Court  shall  furnish  the  County  Superintendent  with  a  suitable 
office,  free  of  charge,  large  enough  to  accommodate  the  county  teach- 
ers' library  and  the  assistants  employed  in  his  office. 


SCHOOL  LAWS  OF  KENTUCKY.  19 

The  provisions  of  this  section  shall  not  apply  to  counties  listing 
less  than  one  million  dollars  in  taxable  property  for  State  and  county 
taxation.  (Acts  of  1912.) 

§  54.— Census  Report— Responsibility  for  Errors — It  shall  be  the 
duty  of  each  County  Superintendent,  on  or  before  the  first  day  of 
June  of  each  year,  to  prepare,  mail  to,  and  cause  to  be  placed  in  the 
hands  of  the  Superintendent  of  Public  Instruction  a  report,  certified 
by  the  county  judge  or  clerk  that  the  report  is  a  correct  statement, 
as  shown  from  the  census  on  file  in  the  office  of  the  clerk  of  the 
county  court,  showing  the  whole  number  of  children,  between  the 
ages  of  six  and  twenty  years  residing  in  his  county,  and  the  whole 
number  residing  in  each  subdistrict,  including  each  city  and  each 
independent  district,  described  by  its  number;  and  he  shall  be  in- 
dividually responsible  to  the  teacher  or  the  subdistrict  for  any  loss 
sustained  by  said  teacher  or  subdistrict  by  reason  of  any  error  made 
by  the  said  superintendent  in  reporting  the  census  thereof.  He  shall 
superintend  the  census  taken  during  the  month  of  April  by  the  trus- 
tee, and  not  later  than  the  twentieth  of  March  of  each  year,  shall 
notify  the  trustee  that  the  boundaries  of  the  subdistrict  are  as  re- 
corded for  the  past  year  in  the  trustees'  register;  or  if  any  changes 
have  been  made,  shall  give  to  the  trustee  exact  notice  of  such  changes, 
and,  in  due  time,  see  that  the  said  changes  are  included  in  the  descrip- 
tion of  the  boundary  entered  in  the  trustee's  register.  At  the  time 
of  such  notice,  he  shall  give  the  said  trustee  printed  or  written  in- 
structions for  taking  the  census;  caution  him  against  reporting  per- 
sons not  legally  belonging  thereto.  He  shall  base  his  report  upon 
the  census  taken  during  the  month  of  April,  and  reports  thereof 
made  to  him  by  the  subdistrict  trustee.  If  such  reports  are  not  in 
from  any  subdistrict  by  the  tenth  of  May,  the  county  superintendent 
shall  take,  or  have  the  census  of  such  subdistrict  taken,  the  cost  of 
which  shall  be  paid  out  of  the  county  levy,  and  the  fiscal  court  may 
recover  from  the  delinquent  trustee  the  amount  so  paid.  .  (Ky.  Stat. 
Sec.  4404  as  changed  by  Act,  1908.) 

§  55. — Text  Books  for  Indigent  Children — It  shall  be  the  duty  of 
each  county  superintendent,  before  the  opening  of  the  schools  each 
year,  and  from  time  to  time,  by  personal  observation  or  from  trus- 
tees and  teachers  and  otherwise,  to  ascertain  the  number  and  cost 
of  text-books  upon  each  of  the  common  school  branches  needed  by 
the  indigent  children  of  each  subdistrict  and  of  the  county  for  use  in 
the  common  schools,  and  shall  report  to  the  county  judge  the  number 
and  kind  of  books  needed,  when  the  county  judge  shall  purchase  the 
books  and  pay  for  them  by  an  allowance  made  by  the  fiscal  court  of 
the  county;  the  county  judge  shall  turn  them  over  to  the  county 
superintendent  for  distribution,  taking  receipt  for  the  number  and 
value  of  the  books,  but  the  cost  of  said  books  shall  not  exceed  in 
the  aggregate  one  hundred  dollars  in  any  county  per  annum.  It  is 
hereby  made  the  special  duty  of  the  county  and  city  school  super- 


20  SCHOOiL  LAWS  OF  KENTUCKY. 

intendents  of  common  schools  to  report  to  the  county  judge  the  names 
of  all  such  indigent  children  furnished  them  by  trustees,  and  to  see 
that  the  provisions  of  this  section  are  faithfully  executed.  (Ky.  Stat. 
Sec.  4405.) 

§  56. — Additional  Facts  to  be  Reported — County  superintendents 
and  trustees  of  common  schools  shall  report  facts  additional  to  those 
now  required  to  be  reported,  whenever,  in  the  judgment  of  the  board 
or  of  the  Superintendent  of  Public  Instruction,  the  interest  of  the 
common  schools  of  the  State  shall  indicate  the  necessity  therefor. 
(Ky.  Stat.  Sec.  4406.) 

§  57. —  Payment  of  Teachers — Each  county  superintendent  of  com- 
mon schools  shall,  on  the  second  Saturday  in  October,  reckoning 
school  months  of  twenty  days,  pay  the  amount  due  each  teacher  of  a 
common  school  for  the  month  or  months  completed,  but  not  for  any 
fraction  of  a  month,  except  as  provided  in  section  84  on  the  certifi- 
cate of  the  trustee  for  the  subdistrict  and  the  chairman  of  the  edu- 
cational division  that  the  school  has  been  legally  taught  for  that 
period;  and  thereafter  the  county  superintendent  shall,  on  the  second 
Saturday  of  each  calendar  month,  pay  the  salary  due  each  teacher  of 
a  common  school,  for  the  previous  school  month  or  months  not  pre^ 
viously  paid  for,  on  the  certificate  of  the  trustee  for  the  subdistrict 
and  the  chairman  of  the  educational  division,  that  the  school  has 
been  legally  taught  for  the  period  specified:  Provided,  That  all  of 
said  payments  shall  be  made  to  the  teacher  personally  or  on  written 
order,  and  at  the  last  payment  shall  be  for  the  entire  balance  due  the 
teacher,  including  the  undistributed  surplus  and  interest  on  the  county 
bond;  and  that  any  teacher  who  may  violate  his  contract  with  the 
Division  Board  by  refusing  to  continue  his  school,  shall  forfeit  any 
fractional  salary  that  may  be  due  him.  In  cities  and  towns  organized 
as  single  districts,  and  reporting  direct  to  the  Superintendent  of 
Public  Instruction,  the  provisions  of  this  section  shall  equally  apply, 
or  such  city  or  town  may  receive  in  January  the  whole  amount  due 
it  if  it  shall  so  desire.  In  either  case  the  president  or  chairman  of 
the  school  board  of  such  cities  or  towns  shall  make  the  report  re- 
quired of  them  by  this  law,  under  oath  direct  to  the  Superintendent  of 
Public  Instruction,  and  he  shall  draw  his  warrant  on  the  Auditor  of 
Public  Accounts  in  favor  of  the  treasurer  of  such  school  board,  which 
when  approved  and  countersigned  by  the  Superintendent  of  Public 
Instruction  shall  entitle  such  treasurer  to  a  warrant  on  the  treasury 
of  the  State  for  the  amount  thereof,  and  the  said  treasurer  and  securi- 
ties shall  be  accountable  for  the  same  upon  his  official  bond  in  any 
action  by  such  school  board  of  which  the  Superintendent  of  Public 
Instruction  shall  be  officially  notified.  (Ky.  Stat.  Sec.  4407.) 

§  58. —  Penalty  for  Fraudulent  Report  of  Common  Schools — Any 
county  superintendent  who  shall  knowingly  and  wilfully  report  to  the 
Superintendent  of  Public  Instruction  a  number  of  common  schools  as 
having  been  taught  in  his  county  greater  than  the  number  of  such 


SCHOOL  LAWS  OF  KENTUCKY.  21 

schools  actually  taught  therein  according  to  law,  or  a  number  of  chil- 
dren entitled  to  tuition  in  his  county  greater  than  the  actual  number 
of  such  children,  or  otherwise  knowingly  and  wilfully  misstates  any 
fact  or  facts  which  he  is  or  may  be  hereafter  required  by  law  to  re- 
port to  the  Superintendent  of  Public  Instruction,  shall  be  deemed 
guilty  of  a  felony,  and,  upon  conviction  thereof  be  fined  in  a  sum  not 
less  than  two  hundred  nor  more  than  five  hundred  dollars,  or  im- 
prisoned in  the  penitentiary  not  less  than  one  nor  more  than  ten 
years,  or  both  fined  and  imprisoned,  in  the  discretion  of  the  jury,  and 
be  removed  from  office.  And  all  sums  recovered  from  him  by  due 
process  of  law,  or  by  voluntary  surrender  of  the  excess  taken  by  him, 
shall  be  paid  into  the  school  fund.  (Ky.  Stat.  Sec.  4408.) 

§  59. — Annual  Settlement — Each  county  superintendent  shall  on  or 
before  the  first  day  of  August,  annually  settle  his  accounts  for  the  pre- 
vious school  year  with  the  county  judge  of  his  county,  and  forward 
a  copy  of  said  settlement,  certified  by  the  clerk  of  said  court  to  be  cor- 
rect, to  the  Superintendent  of  Public  Instruction.  Said  settlement 
shall  embrace  all  sums  received  since  the  date  of  his  last  settlement 
by  said  county  superintendent  for  the  benefit  of  common  schools 
taught  during  the  school  year;  a  full  statement  of  all  such  sums  paid 
out  by  him,  for  what,  to  whom,  and  when  paid;  and  should  any  part 
of  said  fund  received  by  him  as  aforesaid,  remain  uncalled  for,  and 
not  be  paid  out,  he  shall  immediately  refund  said  amount  to  the  State 
Treasurer,  stating  why  it  was  not,  for  and  to  what  district  it  belongs, 
and  at  the  same  time  notify  the  Superintendent  of  Public  Instruc- 
tion that  he  has  refunded  the  said  amount,  that  he  may  give  said 
county  superintendent  proper  credit  on  his  books  for  said  amount 
refunded.  The  receipt  of  the  Auditor  for  money  refunded  shall  be 
a  sufficient  voucher  with  the  county  judge  in  said  settlement.  Should 
the  copy  of  such  (settlement  fail  to  reach  the  Superintendent  of 
Public  Instruction  by  the  tenth  day  of  that  month  it  shall  be  his 
duty  to  notify  the  county  judge  and  the  delinquent  county  superin- 
tendent of  the  fact;  and  upon  receiving  such  notification  it  shall 
be  the  duty  of  the  judge,  in  case  the  settlement  shall  not  have  been 
made,  immediately  to  compel  a  settlement  by  attachment,  as  in 
cases  of  contempt,  and  a  copy  thereof  to  be  forwarded  to  the  Super- 
intendent of  Public  Instruction.  For  his  wilful  failure  to  pay  out 
to  those  entitled  thereto  any  money  in  his  hands  for  the  space 
of  thirty  days  after  the  same  shall  be  received  by  him,  or  for  his 
wilful  failure  to  make  the  aforesaid  settlement  by  the  time  required 
by  law,  the  county  superintendent  shall  be  guilty  of  misdemeanor  and 
being  indicted  and  convicted  thereof  he  shall  be  fined  in  a  sum  not 
less  than  one  hundred  nor  more  than  five  hundred  dollars,  as  well 
as  remain  liable  on  his  official  bond,  and  be  removed  from  office. 
(Ky.  Stat.  Sec.  4409.) 

§  60. — Annual  Report — Penalty  for  Failure. — He  shall,  on  or  be- 
fore the  first  day  of  August,  prepare  and  mail  and  cause  to  be  placed 


22  SCHOOL  LAWS  OF  KENTUCKY. 

in  the  hands  of  the  Superintendent  of  Public  Instruction,  his  official 
report,  showing  in  tables  of  details  and  aggregates,  the  school  sub- 
districts  of  his  county  by  number;  the  name  and  address  of  the  trus- 
tee of  each  subdistrict,  with  date  at  which  each  one's  term  expires; 
the  subdistricts  in  which  schools  were  taught  and  the  length  of  time 
taught;  the  highest,  lowest  and  average  number  of  children  at 
school;  the  cost  of  tuition  of  each  child  for  the  session  and  per 
month;  the  number  of  private  schools,  academies  and  colleges 
taught  in  the  county,  and  length  of  session  of  the  same,  the  number 
of  teachers  employed — male,  female  and  total — for  the  common 
schools;  the  average  wages  of  male  teachers,  female  teachers,  and 
of  total  teachers  per  month;  the  name  and  address  of  teachers 
resident  in  his  county,  with  grades  of  certificate  of  each;  the  amount 
of  money  raised  for  common  school  purposes  in  the  county,  by  local 
tax  or  otherwise,  and  for  what  the  same  was  disbursed;  the  number 
and  kind  of  schoolhouses  and  the  values  of  each;  the  number  of 
schoolhouses  built  and  the  value  of  each;  the  number  of  subdistrict 
libraries;  also  county  library,  if  any,  and  number  of  volumes  in  each, 
and  the  increase  during  the  year;  the  amount  he  has  received  for 
official  compensation  and  expenses.  For  wilful  failure  to  be  present 
at  his  office  at  the  time  appointed  to  receive  reports,  or  for  failing 
to  make  the  reports  herein  required,  he  shall  be  fined  a  sum  not 
exceeding  fifty  dollars.  (Ky.  Stat.  Sec.  4410.) 

§  61. — .Official  Record — Each  county  superintendent  shall  keep  a 
detailed  account  of  all  money  received  and  distributed  by  him;  a 
record  of  all  business  transacted  by  him  as  county  superintendent 
together  with  the  reports  of  the  trustees;  the  names,  numbers  and 
description  of  school  subdistricts,  and  all  other  papers  and  docu- 
ments connected  with  his  office,  at  all  times  subject  to  inspection 
and  examination  by  any  school  officer  or  other  person  interested  in 
any  question  pertaining  to  the  common  schools.  (Ky.  Stat.  Sec. 
4411.) 

§  62. — May  Administer  Oath — A  county  superintendent  may  ad- 
minister the  oath  required  of  a  trustee  or  of  a  teacher  of  common 
schools,  or  other  persons  required  to  make  oath  in  matters  relating 
thereto.  (Ky.  Stat.  Sec.  4413.) 

§  63. — Oath  to  Trustees — Record  of — Blanks — Official  Notices — 
He  shall  administer  the  oath  of  office  to  trustees-elect  applying 
to  him  for  that  purpose;  but  it  shall  be  lawful  for  any  justice  of  the 
peace,  or  other  person  authorized  to  administer  oaths,  to  administer 
the  oath  of  office  to  any  trustee,  but  said  oath  shall  not  be  valid  un- 
less reported  in  writing  to  the  county  superintendent  by  said  justice 
or  other  person  within  ten  days  from  the  time  when  administered. 
He  shall  make  a  record  of  the  names  of  trustees  then  qualified, 
showing  the  subdistricts  in  which  they  were  elected,  and  the  post- 
office  of  each.  He  shall,  at  the  time,  deliver  to  the  trustee  of  each 
subdistrict  such  blanks  as  they  will  need  for  the  coming  school-year, 


SCHOOL  LAWS  OF  KENTUCKY.  23 

and  give  such  information  with  regard  to  their  duties  as  may  be  re- 
quested. He  shall  address  all  official  correspondence  to  the  trustees. 
Notice  to  them  shall  be  regarded  as  notice  to  the  people  of  the  sub- 
district,  and  it  shall  be  the  duty  of  the  trustee  to  notify  the  people. 
(Ky.  Stat.  Sec.  4414.) 

§  64.— (Attendance  at  Office— It  shall  be  the  duty  of  the  county 
superintendent  to  be  in  attendance  at  his  office,  at  the  county  seat, 
on  the  second  Saturday  of  each  month,  and  at  such  other  times  as 
may  be  necessary  to  transact  his  official  business.  (Ky.  Stat.  Sec. 
4415.) 

§  65. — Penalty  for  Buying  Teacher's  Claim  or  Acting  as  Text- 
Book  Agent — No  county  superintendent  shall  be  allowed  to  buy  for 
himself,  or  another  any  teacher's  claim,  directly  or  indirectly,  or  to 
act  as  agent  for  the  sale  of  any  text-book.  Any  superintendent  guilty 
of  violating  this  section  shall  be  fined  not  less  than  one  hundred 
nor  more  than  one  thousand  dollars  for  each  offense.  (Ky.  Stat, 
Sec.  4416.) 

§  66. — May  Suspend  or  Remove  Trustee — Condition — For  incom- 
petency,  neglect  of  duty,  immoral  conduct,  or  other  disqualification, 
<the  county  superintendent  may  suspend  or  remove  from  office  any 
trustee  of  any  school  under  his  supervision.  But  before  a  county 
superintendent  shall  suspend  any  trustee  he  shall  give  said 
trustee  at  least  five  days'  notice  of  the  charges  made  against  him, 
and  give  the  trustee  an  opportunity  to  produce  evidence  and  defend 
any  action  against  him.  (Ky.  Stat.  Sec.  4417.) 

§  67. — Official  Decisions — Appeals — Relations  to  Superintendent  of 
Public  Instruction — The  county  superintendent  shall  decide  all  ques- 
tions of  difference  or  doubt  touching  the  administrative  duties  of 
the  officers  and  teachers  of  common  schools  in  his  county;  but  ap- 
peals from  his  acts  and  decisions  may  be  had,  on  petition  of  any 
interested  person,  to  the  Superintendent  of  Public  Instruction.  The 
county  superintendents  shall  conform  to  such  reasonable  rules  and 
requirements  as  the  Superintendent  of  Public  Instruction  shall,  from 
time  to  time,  prescribe  and  announce  to  them.  (Ky.  Stat.  Sec.  4418.) 

§  68.— Compensation  for  Services — Salary  $400 — $1,500 — For  all 
the  services  rendered  and  the  expenses  incurred  by  the  county  su- 
perintendent under  the  provisions  of  this  law,  he  shall  be  allowed  a 
salary  annually  by  the  fiscal  court  of  his  county,  based  on  the  number 
of  children  reported  in  the  census  report  of  the  subdistrict  trustee 
of  such  county;  which  salary  shall  not  be  less  than  eight  cents 
nor  more  than  twenty  cents  for  each  pupil  child  thus  reported.  Be- 
fore  the  court  shall  allow  the  salary,  it  shall  be  satisfied,  from  the 
statement  subscribed  and  sworn  to  by  the  superintendent,  and  from 
such  other  evidence  as  may  be  adduced,  that  he  has  visited  the 
schools  of  the  county,  and  that  the  said  services  have  been  faithfully 
and  efficiently  performed  according  to  law.  Said  salary  shall  be 
paid  out  of  the  county  levy  as  the  salary  of  tfce  county  Judge  is  now 


24  SCHOOL  LAWS  OF  KENTUCKY. 

paid,  and  in  his  report  to  the  Superintendent  of  Public  Instruction, 
he  shall  state  the  full  amount  allowed  him  by  the  fiscal  court  for 
his  official  service.  Provided,  however,  That  no  salary  shall  be  less 
than  $400  nor  greater  than  $1,500.  In  fixing  the  salary  of  the  said 
superintendent,  no  child  shall  be  counted  or  enumerated  who  is  un- 
der a  city  school  superintendent  of  a  city  of  the  first,  second,  third 
or  fourth  class.  The  fiscal  court  shall  furnish  the  county  superin- 
tendent with  a  suitable  office,  free  of  charge,  large  enough  to  ac- 
commodate the  county  teachers'  library.  (Ky.  Stat.  Sec.  4419.) 

(This  section  was  probably  repealed  in  part  or  in  whole  by  the 
Acts  of  1912). 

§  69. — How  Vacancy  in  Office  is  to  be  Supplied — Removal  from — 
Appeals — In  case  of  the  death,  removal  or  resignation,  refusal  to 
serve  or  inability  of  the  county  superintendent  elected  to  give  the 
bond  required  or  to  perform  the  duties  of  the  office,  a  successor  shall 
be  appointed  or  elected  as  follows:  If  the  unexpired  term  will  end 
at  the  next  succeeding  annual  election,  or  if  the  unexpired  term  will 
not  end  at  the  next  succeeding  annual  election,  and  three  months 
intervene  before  said  annual  election,  the  county  judge  of  each  county 
is  authorized  to  appoint  a  successor,  duly  qualified  according  to  sec- 
tion 49  of  this  law  to  continue  in  office  until  the  next  succeeding  an- 
nual election,  when  one  shall  be  elected  for  the  unexpired  term.  If  the 
unexpired  term  does  not  end  at  the  next  succeeding  annual  election, 
and  three  months  does  not  intervene  between  the  happening  of  said 
vacancy  and  the  next  succeeding  annual  election,  the  county  judge 
shall  appoint  a  successor  of  said  qualification  to  continue  in  office 
until  the  second  succeeding  annual  election  when  one  shall  be  elected 
for  the  unexpired  term.  In  case  of  a  vacancy  in  this  office  the 
county  judge  shall,  as  soon  as  practicable,  notify  the  Superintendent 
of  Public  Instruction,  and  request  him  to  appoint  a  day  and  furnish 
questions  for  an  examination  to  fill  said  vacancy;  and  the  said  exam- 
ination shall  be  conducted  in  a  manner  prescribed  by  law.  The 
county  court  may,  at  any  regular  term,  after  ten  days'  notice,  re- 
move a  county  superintendent  for  inability,  or  habitual  neglect  of 
duty,  or  malfeasance  in  office.  An  appeal  to  the  circuit  court  may 
be  taken  from  the  order  of  the  county  court  removing  the  super- 
intendent, and  from  the  circuit  court  to  the  Court  of  Appeals,  as  in 
civil  actions.  (Ky.  Stat.  Sec.  4420.) 

§  70. — Duty  to  Successor — Each  county  superintendent,  when  lie 
resigns,  vacates,  is  removed  or  goes  out  of  office,  shall  immediately 
thereafter  deliver  to  his  successor  or  to  the  county  court  clerk  for 
him,  any  money,  property,  books,  effects,  or  papers  remaining  in 
his  hands  as  county  superintendent,  and  within  ten  days  shall  settle 
with  the  county  court,  and  for  a  failure  to  do  so  shall  be  fined  not 
less  than  fifty  dollars  nor  more  than  one  hundred  dollars.  It  shall 
be  the  duty  of  the  county  clerk  to  forward  a  certified  copy  of  said 


SCHOOL,  LAWS  OF  KENTUCKY.  25 

settlement  to  the   Superintendent  of  Public   Instruction.      (Ky.  Stat. 
Sec.  4421.) 

§  71. — (Superintendent  of  Schools  and  Clerk  to  Furnish  Boundary  to 
Company — It  shall  be  the  duty  of  the  county  superintendent  of  county 
schools  in  each  county  in  which  a  railroad  or  bridge  is  operated  to 
furnish,  on  or  before  the  first  day  of  July  of  each  year,  to  such  rail- 
road or  bridge  company  or  companies,  the  boundary  of  each  graded 
or  common  school  district  through  or  into  which  any  part  of  such 
railroad  or  bridge  or  other  railroad  or  bridge  property  is  situated; 
and  the  county  clerk  of  any  county  containing  any  other  taxing  dis- 
trict through  or  into  which  any  railroad  or  bridge  is  located  shall 
make  a  similar  report  to  such  railroad  or  bridge  company.  Any 
county  superintendent  or  county  clerk  failing  to  make  report  as 
herein  required,  or  who  shall  make  false  report,  shall  be  deemed 
guilty  of  misdemeanor,  and,  upon  conviction,  shall  be  fined  not  less 
than  fifty  nor  more  than  one  hundred  dollars  for  each  offense. 

§  72. — School  Tax  Paid  to  Superintendent — All  taxes  against  any 
railroad  or  bridge  company,  which  shall  be  levied  in  any  common 
school  district,  shall  be  paid  to  the  superintendent  of  common  schools 
of  the  county  for  the  benefit  of  the  district  entitled  thereto. 

§  73. — White  and  Colored  School  Districts — The  provisions  of  this 
law  shall  not  be  construed  to  apply  ito  any  colored  school  district: 
Provided,  That  the  same  rate  of  taxation  assessed  against  the  real 
estate  of  any  railroad  or  bridge  company  or  corporation  in  any 
graded  school  district  or  common  school  district,  in  any  year,  shall 
be  assessed  against  all  of  the  taxable  property  in  such  district,  and 
the  railroad  or  bridge  tax  when  collected,  shall  be  paid  over  to  the 
county  superintendent  of  the  county  in  which  the  district  school 
house  wherein  the  tax  assessed  shall  be  situated,  and  shall  constitute 
and  be  held  by  the  county  superintendent  as  a  graded  or  common  dis- 
trict school  fund;  and  the  said  fund  shall  be  apportioned  and  dis- 
tributed by  the  county  superintendent  between  the  white  graded  com- 
mon school  or  white  graded  common  school  district  wherein  said  tax 
shall  be  collected  and  any  colored  common  school  district  which  shall 
be  located  over  the  same  boundary;  the  distribution  shall  be  in  the 
same  ratio  that  the  whole  number  of  white  children  of  pupil  age  and 
the  whole  number  of  colored  children  of  pupil  age  residing  in  the  dis- 
trict shall  bear  to  the  whole  number  of  children,  white  and  colored, 
residing  in  the  district  wherein  such  tax  shall  be  collected. 

§  74.— Rate  of  Taxation — Bridges — Auditor  to  Notify  Clerks — The 
same  rate  of  taxation  for  State  purposes  which  is  or  may  be  in  any 
year  levied  on  other  real  estate,  shall  be,  and  is  hereby  levied  upon 
the  value,  so  found  by  said  board,  of  the  railroad  bridge,  rolling  stock 
and  real  estate  of  each  company;  and  the  same  rate  of  taxation  lor 
the  purposes  of  each  city,  town,  part  of  a  'county  or  tax  district,  of 
any  kind,  in  which  any  portion  of  any  railroad  or  bridge  is  located, 
which  is,  or  may  be  in  any  year  levied  on  other  real  estate  of  said 


26  -SCHOOL  LAWS  OF  KENTUCKY. 

company  therein,  and  of  the  number  of  miles  on  said  road,  there'in, 
reckoned  as  of  the  value  of  the  average  of  each  mile  of  such  rail- 
road, with  its  rolling  stock,  as  ascertained  as  aforesaid;  Provided, 
That  railroad  bridges,  spanning  any  river  which  constitutes  the  boun- 
dary or  State  line  of  the  Commonwealth,  shall  be  assessed  as  of  the 
counties  in  which  they  are  located,  and  local  tax  derived  therefrom 
shall  be  applied  to  each  city,  town,  county  or  tax  district  in  which 
said  bridges  are  or  may  be  located.  And  immediately  after  said 
board  shall  have  completed  its  valuations  each  year,  the  Auditor  of 
Public  Accounts  shall  notify  the  clerk  of  each  county  court  of  the 
amount  so  assessed  for  taxation  in  his  county,  and  each  railroad  or 
bridge  company  of  the  amount  of  its  assessment  for  taxation  for 
State  purposes  and  for  the  purposes  of  such  city,  tpwn,  county,  part  of 
county  and  tax  district. 


CHAPTER  VIII. 
CERTIFICATION   AND   DUTY  OF   TEACHERS. 

§  75. — Qualifications  of  Members — The  county  superintendent  shall 
appoint  two  strictly  moral  and  well-educated  persons,  holding  county 
certificates  of  the  first  class,  State  certificates,  State  diplomas  or 
diplomas  from  some  literary  institution  of  high  learning,  who,  to- 
gether with  himself,  shall  constitute  a  board  of  examiners  for  the 
county.  No  person  shall  be  eligible  as  examiner  on  said  county  board 
who  is  at  the  time  or  for  six  months  previous  thereto,  has  been  con- 
ducting or  teaching  in  any  school,  college  or  university  where  teach- 
ers or  those  preparing  to  teach  are  making  preparation  to  be  exam- 
ined for  certificates  to  teach  in  the  common  schools  of  this  State.  Be- 
fore they  shall  be  authorized  to  act  in  any  capacity  as  such  board, 
or  grant  any  certificates,  said  examiners  shall  take  and  subscribe  to 
an  oath  that  they  will  faithfully  discharge  their  duties  as  required  by 
the  common  school  law,  and  the  said  affidavit  shall  be  filed  in  the 
office  of  the  clerk  of  the  county  court.  (Ky.  Stat.  Sec.  4422.) 

§  76. — Duties  of  State  and  County  Boards  as  to  Questions,  Exam- 
inations, Certificates — Dates — Order  of  Subjects — Improper  Persons — 
County  certificates  shall  be  granted  by  the  county  board  of  examin- 
ers to  persons  not  under  eighteen  years  of  age,  upon  written  exami- 
nations upon  the  science  and  art  of  teaching,  and  upon  the  subjects 
embraced  in  the  common  school  course,  including,  in  connection  with 
physiology  and  hygiene,  the  effects  of  alcoholic  drinks  and  narcotics 
upon  the  human  system,  held  in  each  county  of  the  State  for  white 
teachers  upon  the  third  Friday  and  Saturday  in  May,  June,  July  and 
August,  of  each  year,  and  for  colored  teachers  upon  the  fourth  Friday 
and  Saturday  of  the  same  months;  and  no  examinations  shall  be  held 


SCHOOL  LAWS  OF  KENTUCKY.  27 

at  any  other  time  whatever.  No  certificate  shall  be  issued  upon  the 
days  of  examination;  nor  shall  any  answers  be  passed  upon  in  the 
presence  of  any  applicant.  The  State  Board  of  Examiners  shall 
carefully  prepare  four  series  of  questions  for  white  teachers,  and  an 
equal  number  for  colored  teachers,  all  of  the  same  grade;  shall  en- 
close in  a  separate  envelope  such  number  of  questions  of  each  given 
series  as  the  county  superintendent  shall  make  requisition  for  at 
least  twenty  days  before  the  examination,  with  the  name  of  the  sub- 
ject plainly  written  or  printed  across  the  seal  thereof;  shall  enclose 
the  several  envelopes  in  a  package,  which  they  shall  seal  and  for- 
ward by  registered  mail  or  by  express  to  each  county  superintendent 
at  least  two  weeks  before  the  examination,  designating  the  month  for 
which  the  same  shall  be  used.  The  county  superintendent  shall  care- 
fully preserve  the  said  package  of  questions  under  seal  until  the  hour 
of  examination;  and  the  seal  of  the  said  package  shall  then  be  exam- 
ined by  the  other  examiners  and  the  applicants  for  certificates,  and 
the  package  shall  be  opened  in  their  presence.  Immediately  after 
examining  the  package  of  questions  each  of  -the  county  examiners 
shall,  under  his  oath  as  examiner,  upon  blanks  furnished  for  that 
purpose  by  the  Superintendent  of  Public  Instruction,  give  a  separate 
certificate,  with  the  signature  attested  by  two  reliable  witnesses, 
that  he  had  personally  inspected  the  said  package,  and  whether  he 
had  found  the  same  intact,  as  provided  herein,  and  forward  the  certifi- 
cate to  the  Superintendent  of  Public  Instruction  on  the  same  day.  The 
examiner  shall  allot  a  reasonable  time  for  the  examination  upon  each 
subject,  -taking  the  subjects  in  'the  order  named  in  the  section, 
specifying  the  subjects  embraced  in  the  common  school  course,  and 
shall  collect  the  answers  of  all  the  applicants  when  the  time  allotted 
has  expired;  and,  after  the  first  subject  is  presented  to  the  applicants, 
the  said  examiners  shall  not  present  any  other  subject,  or  open  the 
envelope  thereof,  until  they  collect  the  answers  of  all  applicants  to 
all  questions  previously  presented.  The  said  examiners  shall  not  ex- 
amine any  applicant  until  they  are  fully  satisfied  that  said  applicant 
possesses  'an  unexceptionable  moral  character,  and  is  of  the  age 
herein  prescribed;  and,  in  no  event,  shall  a  certificate  be  granted  to  any 
person  who  indulges  in  drunkenness,  profanity,  gambling  or  licentious- 
ness, or  who,  within  th  belief  of  the  examiners,  has  had  improper  ac- 
cess to  the  examination  questions.  They  shall,  during  the  examina- 
tion, exclude  from  the  room  all  persons  other  than  applicants,  see  that 
the  applicants  are  seated  at  a  proper  distance  from  each  other,  and 
shall  see  that  no  assistance  is  given  or  obtained  by  any  applicant 
during  the  examination,  and  shall  refuse  to  grant  a  certificate  to  any 
applicant  who  may  either  obtain  or  give  such  assistance.  The  county 
superintendent,  and  at  least  one  of  the  examiners,  shall  be  present, 
and  shall  conduct  all  examinations  and  sign  all  certificates.  The 
county  superintendent  and  other  examiners  shall  have  full  power, 
and  it  shall  be  their  duty  to  make  investigation  as  to  the  moral  char- 


28  SCHOOL  LAWS  OF  KENTUCKY. 

acter  of  applicants;  and  the  county  superintendent  shall  also  have 
full  power  to  administer  an  oath  as  to  improper  use  of  questions, 
and  as  to  other  matters,  touching  the  qualification  of  teachers  under 
this  act.  (Ky.  Stat.  Sec.  4425.) 

§  77. — (Certificates  of  Qualification — There  shall  be  three  grades 
of  certificates  issued  to  teachers  of  common  schools:  First,  a  State 
teacher's  diploma;  second,  a  State  teacher's  certificate,  and  third, 
a  county  certificate  which  may  be  a  first  class,  second  class  or  third 
class.  Before  any  person  shall  be  qualified  to  teach  any  common 
school,  such  person  shall  obtain  one  of  these  three  grades  of  certifi- 
cates. (Ky.  Stat.  Sec.  4501.) 

§  78. — State  Diploma — Fee  $5.00 — State  diplomas  may  be  issued 
by  the  State  Board  of  Examiners  after  a  personal  examination  held  at 
the  State  Capital  on  the  last  Wednesday  of  June  and  August  of  each 
year,  upon  the  subjects  embraced  in  the  common  school  course  of 
study,  and  also  upon  the  science  and  art  of  teaching,  psychology,  Eng- 
lish literature,  algebra,  higher  arithmetic,  geometry,  physics  and  ele- 
mentary Latin.  In  order  to  be  entitled  to  a  State  teacher's  diploma, 
the  applicant,  in  addition  to  attaining  on  the  required  examination  an 
average  grade  of  not  less  than  ninety  per  cent,  the  lowest  grade  on 
any  subject  being  not  less  than  seventy  per  cent.,  shall  be  at  least 
twenty-four  years  old,  and  shall  have  taught  in  the  State  at  least  two 
years,  and  shall  present  satisfactory  evidence  of  unexceptionable 
moral  character.  A  State  diploma  shall  be  good  in  all  schools 
throughout  the  State,  maintained  wholly  or  partly  by  the  State,  until 
revoked  by  the  Superintendent  of  Public  Instruction,  or  until  the 
holder  shall  fail  for  two  successive  years  to  be  engaged  in  active 
school  work.  It  shall  qualify  the  holder  for  eligibility  as  candidate  for 
the  office  of  county  superintendent  of  common  schools,  and  may,  for 
cause,  be  revoked  by  any  county  superintendent,  subject  to  the  ap- 
proval of  the  State  Board  of  Education,  as  far  as  it  applies  to  his 
county,  of  which  immediate  information  shall  be  given  the  Superin- 
tendent of  Public  Instruction.  A  State  diploma  shall  be  impressed 
with  the  seal  of  the  State  Board  of  Examiners,  and  the  fee  of  the  ap- 
plicant shall  be  five  dollars,  which  shall  be  paid  to  the  two  members, 
who,  with  the  Superintendent  of  Public  Instruction,  compose  the 
State  Board  of  Examiners.  (Acts  of  1894.)  (Ky.  Stat.  Sec.  4502.) 

§  79. — State  and  County  Certificates — Forward  Papers  to  State 
Board — Written  Statement — 8  Years  Renewal — Fee  $4.00 — Third  Class 
one  only — Incompetent,  Immoral  Teachers — Annual  Renewal — A  State 
teacher's  certificate  may  be  granted  by  the  State  Board  of  Examiners 
upon  the  recommendation  of  the  county  board  of  examiners,  after  a 
written  examination,  held  in  applicant's  county,  attaining  an  average 
grade  of  at  least  ninety  per  cent.,  the  lowest  grade  upon  any  sub- 
ject being  not  less  than  seventy  per  cent,  upon  the  subjects  embraced 
in  the  common  school  course  of  study,  and  also  upon  English  liter- 
ature, elementary  algebra,  higher  arithmetic,  and  the  science  and  art 


SCHOOL  LAWS  OF  KENTUCKY.  29 

of  teaching,  including  the  elements  of  psychology.  In  order  to  be  en- 
titled to  a  State  certificate,  the  applicant,  in  addition  to  passing  the 
required  examination,  shall  be  at  least  twenty-one  years  old,  shall 
have  had  two  years'  experience  in  teaching,  and  shall  present  satis- 
factory evidence  of  unexceptionable  moral  character.  The  questions 
for  the  examination  of  applicants  for  State  certificate  shall  be  for- 
warded by  the  State  Board  of  Examiners,  with  the  questions  for  the 
June  and  August  county  examinations,  at  the  same  time,  in  the  same 
package,  and  be  preserved  and  opened  at  the  same  time  as  the  ques- 
tions for  county  certificates.  The  applicants  for  State  certificates 
shall  be  examined  on  the  same  days  upon  which  the  applicants  for 
county  certificates  are  examined,  in  June  and  August,  and  immediate- 
ly upon  the  close  of  the  examination  for  State  certificates,  the  county 
superintendent  shall  collect  the  papers  of  each  applicant  for  a  State 
certificate,  preserve  them  from  all  inspection,  make  such  examina- 
tion of  them  as  will  enable  the  said  county  board,  with  their  per- 
sonal knowledge  of  the  applicant,  to  make  a  recommendation  to  the 
State  Board  of  Examiners  that  a  State  certificate  should  or  should 
not  be  granted,  and  forward  the  same  by  registered  mail  to  the  State 
Board  of  Examiners,  with  a  recommendation  as  to  the  granting  of  a 
State  certificate.  No  applicant  shall  be  examined  for  a  State  certificate 
unless  the  said  applicant  is  known  to  the  county  superintendent  to 
possess  an  unexceptionable  moral  character,  and  to  possess  the  age 
and  experience  herein  required.  With  the  answers  as  forwarded  to 
the  State  Board  of  Examiners,  the  county  superintendent  shall  in- 
close a  written  statement  in  proper  form,  signed  and  sworn  to  by 
at  least  two  members  of  the  local  examining  board,  that  the  exami- 
nation had  been  held  in  strict  accordance  with  the  law,  and  that  the 
applicant  had  not,  either  directly  or  indirectly,  received  any  assist- 
ance, and  that  the  moral  character  of  the  applicant  is  unexceptionable. 
If  the  answers  and  statements  are  deemed  sufficient,  if  the  recom- 
mendation of  the  county  board  be  favorable,  the  State  Board  of  Ex- 
aminers may  issue  a  State  certificate,  wrhich  shall  entitle  the  holder  to 
teach  in  the  common  schools  of  the  State,  graded  or  city  schools,  for 
a  period  of  eight  years,  unless  revoked  by  the  Superintendent  of  Pub- 
lic Instruction,  or  unless  the  holder  shall  fail  for  two  successive  years 
to  be  engaged  in  active  school  work.  At  the  expiration  of  the  time 
for  which  it  was  granted,  if  it  shall  not  have  been  revoked  by  the 
Superintendent  of  Public  Instruction,  and  if  the  holder  shall  not 
have  failed  for  two  successive  years  to  be  engaged  in  active  school 
work,  a  State  certificate  may  be  renewed  for  another  eight  years 
by  the  State  Board  of  Examiners  without  additional  fee,  upon  the 
recommendation  of  the  board  of  examiners  of  the  county  whereof 
the  holder  shall  at  that  time  be  a  resident.  Any  county  superin- 
tendent may,  for  cause,  revoke  a  State  certificate  as  far  as  it  ap- 
plies to  his  county,  of  which  immediate  information  shall  be  given 
to  the  Superintendent  of  Public  Instruction,  and  be  subject  to  his  ap- 


30  SCHOOL  LAWS  OF  KENTUCKY. 

proval.  A  State  certificate  shall  be  impressed  with  the  seal  of  the 
State  Board  of  Examiners,  and  the  fee  charged  the  applicant  shall  be 
four  dollars,  besides  the  registration  fee  for  forwarding  the  answers, 
of  which  one  dollar  shall  be  paid  to  the  county  board  of  examiners. 
The  proceeds  of  the  fees  for  examination  for  State  certificates  and 
of  the  examination  of  candidates  for  county  superintendent,  shall  be 
divided  between  the  two  professional  members  of  the  State  Board  of 
Examiners  in  proportion  to  the  services  rendered  by  them.  County 
certificates  shall  be  first  class,  second  class,  or  third  class,  and  shall 
apply  only  to  the  county  in  which  they  are  issued,  and  shall  be  good 
for  four  years,  two  years  and  one  year,  respectively.  Third  class 
certificates  shall  not  be  issued  more  than  once  to  the  same  person  in 
any  event.  After  July  1,  1894,  a  certificate  of  the  third  class  shall 
not  entitle  the  holder  to  teach  in  any  district  reporting  fifty-five  or 
more  pupil  children,  nor  shall  a  certificate  of  the  second-class  entitle 
the  holder  to  teach  in  any  district  reporting  seventy-five  or  more 
pupil  children.  A  county  certificate  of  the.  first  class  shall  require  an 
average  grade  of  85  per  cent,  upon  all  subjects  of  the  common 
school  course,  and  upon  the  science  and  art  of  teaching;  and  the  low- 
est grade  on  any  subject  shall  not  be  less  than  sixty-five  per  cent. 
A  county  certificate  of  the  second  class  shall  require  an  average 
grade  of  seventy-five  per  cent.,  and  the  lowest  grade  on  any  subject 
shall  not  be  less  than  fifty-five  per  cent.  A  county  certificate  of  the 
third  class  shall  require  an  average  grade  of  sixty-five  per  cent.,  and 
the  lowest  grade  on  any  subject  shall  not  be  less  than  fifty  per  cent. 
If,  at  any  time,  the  holder  of  a  county  certificate  shall  be  found  in- 
competent, inefficient,  immoral,  or  otherwise  unworthy  to  be  a  teacher, 
the  county  superintendent  shall  revoke  the  certificate  of  such  person; 
and  any  teacher  dismissed  from  school  on  such  grounds  shall  be  en- 
titled to  receive  payment  for  services  only  up  to  the  time  of  dis- 
missal. Nothing  in  this  act  shall  be  construed  to  require  any  teacher 
now  holding  a  teacher's  certificate  to  be  examined  until  the  expira- 
tion of  said  certificate.  A  person  having  taught  for  eight  consecutive 
years  in  the  same  county  under  first-class  certificates,  obtained  as 
hereinbefore  provided,  may  have  the  last  one  renewed  annually  for 
four  years  by  the  county  superintendent,  who  shall  write  upon  it  "Re- 
newed/- sign  officially,-  and  give  date  of  such  renewal.  (Ky.  Stat.  Sec. 
4503.) 

§  80.— Penalty  for  Improperly  Granting  Certificates— Any  county 
superintendent  or  county  examiner  who  shall  knowingly  grant  to  any 
immoral  person,  or  to  any  person  under  the  prescribed  age,  a  certifi- 
cate to  teach  in  the  common  schools,  shall  be  guilty  of  a  misdemeanor 
and,  upon  conviction  thereof,  shall  be  fined  not  less  than  fifty  nor 
more  than  one  hundred  dollars  for  each  offense.  Any  county  super- 
intendent, county  examiner,  printer,  officer  of  State  or  county,  or  any 
other  person  who  shall  sell,  barter,  give  or  furnish  or  procure  to  be 
sold,  bartered,  given  or  furnished,  to  any  applicant  for  a  certificate  to 


SCHOOL  LAWS  OF  KENTUCKY.  31 

teach  in  the  public  schools,  or  to  any  other  person,  any  question  or 
questions  prepared  or  sent  out  by  the  State  Board  of  Examiners  for 
the  examination  of  persons  applying  for  such  certificate,  or  in  any 
way  dispose  of  such  question  or  questions,  except  in  the  manner  pro- 
vided by  law,  shall  be  guilty  of  a  felony,  and  'shall,  upon  conviction, 
be  punished  by  confinement  in  the  State  penitentiary  not  less  than 
one  year  nor  more  than  two  years.  The  county  board  of  examiners 
shall  charge  each  applicant  a  fee  of  one  dollar  for  each  examination 
made,  'the  proceeds  of  which  shall  be  divided  between  the  two  mem- 
bers of  the  board  appointed  by,  and  acting  with,  the  county  superin- 
tendents in  proportion  to  the  services  rendered  by  them.  (Ky.  Stat. 
Sec.  4426.) 

§  81. — Oath  of  Applicant — All  applications  for  teachers',  county  or 
State  certificates,  or  State  diplomas  in  the  Commonwealth  of  Ken- 
tucky, immediately  before  entering  upon  examination  shall  subscribe 
to  the  following  oath,  which  shall  be  presented  to  them  by  any  of 
the  Board  of  Examiners,  viz.:  "I  do  solemnly  swear  (or  affirm)  that 
I  have  not  had  access,  directly  or  indirectly,  to  the  State  Board  or 
other  questions  to  be  used  in  this  examination,  and  that  I  have  no 
personal  knowledge  of  any  unlawful  usage  of  the  aforesaid  questions 
by  any  other  person  or  persons,  which  knowledge  I  have  not  com- 
municated to  the  grand  jury,  county  attorney  or  county  superintendent 
of  schools  of  the  county  in  which  the  aforesaid  person  or  persons 
did  unlawfully  use  or  attempt  to  use  said  questions." 

The  Superintendent  of  Public  Instruction  shall  furnish  each  county 
superintendent  in  the  Commonwealth  with  a  sufficient  number  oi! 
copies  of  the  oath  prescribed  in  this  act,  printed  on  sheets  with  blank 
space  below  for  names  and  addresses  of  applicants.  Each  copy,  after 
being  subscribed  to  by  applicants  as  provided  in  this  act,  shall  be 
dated  and  signed  officially  by  the  Board  of  iBxaminers  and  preserved 
in  the  office  of  the  Superintendent  of  Public  Instruction  or  county 
superintendent  of  common  schools  as  a  public  record. 

Any  Superintendent  of  Public  Instruction  or  county  superintendent 
of  common  schools  or  Board  of  Examiners  for  teachers/  county  or 
State  certificates  or  State  diplomas  failing  to  comply  with  the  pro- 
visions of  the  act  shall  be  guilty  of  a  misdemeanor  and,  upon  con- 
viction thereof,  shall  be  fined  in  a  sum  not  less  than  fifty  dollars  nor 
more  than  one  hundred  dollars  for  each  offense.  (Ky.  Stat.  Sec.  4425.) 

§  82. —  Must  Grade  School,  Keep  Grade  Book  and  Make  Reports 
— Summary — It  shall  be  the  duty  of  each  teacher  of  a  common  school 
to  keep  such  register  of  the  school  as  the  State  Superintendent  may 
require  of  and  furnish  to  him  as  needed,  through  the  county  super- 
intendent. The  teacher's  register  shall  be  the  property  of  the  subdis- 
trict;  shall  be  systematically  graded  for  at  least  four  years'  work; 
shall  be  well  preserved,  without  mutilation  or  useless  marking;  shall 
be  in  the  care  of  the  teacher  during  the  school  term,  and  at  the  close 
thereof,  shall  be  delivered  to  the  chairman  of  the  division  board,  who 


32  SCHOOL  LAWS  OF  KENTUCKY. 

shall  be  responsible  for  it,  and  deliver  it  to  the  teacher  at  the-  open- 
ing of  the  next  school  term,  and  it  shall  be  open  at  all  times  to  the 
inspection  of  the  trustee  and  the  county  superintendent.  The  section 
allotted  to  each  year  shall  be  divided  into  two  parts,  designated  as 
monthly  summary  and  term  summary.  The  monthly  summary  shall 
show  the  day  of  the  week  and  the  day  of  the  month  upon  which  the 
term  began;  the  day  of  the  week  and  of  the  month  of  each  day 
taught;  the  number  of  pupils  enrolled;  the  number  in  attendance  each 
day;  the  name,  -sex  and  weekly  standing  of  each  pupil  in  each  sub- 
ject, and  such  other  facts  as  the  Superintendent  of  Public  Instruction 
may  desire.  On  the  last  day  of  each  month  taught,  the  teachers  shall 
sum  up  and  place  at  the  end  of  the  record  for  the  month  the  facts 
herein  required  to  be  kept,  with  the  day  of  the  week  and  month  on 
which  the  school  month  closed;  the  highest  and  lowest  number  of 
pupil  children  in  attendance,  the  average  percentage  of  the  attendance 
of  the  whole  number  of  pupil  children  in  the  district.  The  term  sum- 
mary shall  show  the  monthly  statement  made  at  the  end  of  each 
month,  the  percentage  of  the  enrollment  of  the  whole  number  of 
pupil  children  in  the  district,  the  highest,  lowest  and  average  num- 
ber of  children  in  attendance,  the  average  percentage  of  children  of 
the  district  in  attendance,  the  number  of  pupils  in  each  class,  the 
name  of  the  text-book  used  in  each  class,  the  point  reached  by  each 
pupil  in  each  book  at  the  close  of  the  term,  the  names  of  all  pupils 
that  should  be  advanced,  the  class  of  the  teacher's  certificate,  his 
average  monthly  salary,  and  such  other  facts  as  may  be  required  in 
the  register.  (Ky.  Stat.,  Sec.  4504.) 

§  83. — (Superintendent  of  Public  Instruction  to  Furnish  Blanks — 
Character  of  Reports — Term  Report — False  Certificate — The  Super- 
intendent of  Public  Instruction  shall  provide  for  each  teacher  a  blank 
monthly  report  for  each  month  to  be  taught,  and  also  a  blank  term 
report.  At  the  end  of  each  month  taught,  the  teacher  shall  fill  the 
monthly  report  of  that  month  from  the  facts  summed  up  in  the 
monthly  summary  of  the  register,  and  shall  present  the  monthly  re- 
port to  the  chairman  of  the  division  board,  who  shall  carefully  ex- 
amine it,  and  if  found  correct  he  shall,  if  requested  by  the  teacher, 
fill  out  and  sign  a  certificate  attached  to  the  monthly  report,  certify- 
ing that  the  month  has  been  legally  taught;  and  upon  the  chairman's 
certificate  the  teacher  shall  draw  his  salary  from  the  county  super- 
intendent for  the  month  so  certified,  after  the  monthly  report  has 
been  duly  delivered  to  the  county  superintendent.  Within  ten  days 
after  the  close  of  the  last  month  of  the  term,  the  teacher  shall  make 
out  the  term  report  from  the  term  summary  in  the  register;  shall 
present  the  term  report,  the  last  monthly  report,  and  the  teacher's 
register  to  the  chairman,  who  shall  carefully  inspect  them  and  ap- 
prove the  report,  if  correct,  make  out  the  chairman's  annual  report, 
and  shall  then  give  the  teacher  certificates  for  the  month  or  months 
nor  previously  certified,  and  shall  place  the  chairman's  annual  report 


SCHOOL  LAWS  OF  KENTUCKY.  33 

in  the  teacher's  hands  for  the  delivery  to  the  county  superintendent. 
Nothing  herein  shall  be  construed  to  prevent  a  chairman  of  the  divi- 
sion board  from  certifying  to,  or  a  county  superintendent  from  paying 
for,  a  fraction  of  a  month  in  any  case  in  which  the  teacher,  from  sick- 
ness or  other  disability,  shall  be  unable  to  continue  the  'school.  Any 
teacher  who  shall  make  a  false  monthly  or  term  report,  or  any  chair- 
man who  shall  give  a  certificate  of  a  month  or  months  taught  before 
he  has  carefully  examined  and  approved  the  report  of  each  month, 
or  any  county  superintendent  who  shall  make  a  payment  upon  a 
teachers'  salary,  except  upon  the  chairman's  certificate,  shall  be 
guilty  of  a  misdemeanor,  and,  on  conviction,  be  fined  fifty  dollars  for 
each  offense.  (Ky.  Stat.  Sec.  4505.) 

§  84.— Required  Duties— Penalty  for  Wilful  Refusal  or  Neglect- 
Authority — Appeal— Teachers  shall  faithfully  enforce  in  school  the 
course  of  study,  the  use  of  the  text-books  adopted  in  the  county,  and 
the  regulations  prescribed  in  pursuance  of  law;  and  if  any  teacher 
shall  wilfully  refuse  or  neglect  to  comply  with  such  regulations,  the 
Division  Board  may  remove  him,  at  any  time,  subject  to  the  approval 
of  the  county  superintendent;  and  in  case  of  'Such  dismissal  or  re- 
moval, the  said  teacher  shall  receive  payment  only  for  the  time 
laught.  The  teacher  is  authorized  and  directed  to  hold  each  pupil  to  a 
strict  accountability  for  any  disorderly  conduct  on  the  playground, 
or  during  any  intermission  or  recess,  or  on  the  road  to  and  from 
school;  and  for  good  cause  he  may  suspend  any  pupil;  but  such  sus- 
pension shall  be  immediately  reported,  in  writing,  to  the  chairman  of 
the  division  board.  In  cases  of  suspension,  the  action  of  the  teacher 
shall  be  final  unless  reversed  by  the  division  board.  Either  party 
may  appeal  from  the  decision  of  the  division  board  to  the  county 
superintendent  whose  decision  shall  be  final.  But  no  teacher  shall 
be  required  or  under  any  obligation  to  teach  any  other  than  the  com- 
mon school  branches  prescribed  by  the  State  Board  of  Education  in 
the  common  schools,  unless  it  shall  be  so  specified  in  a  written  con- 
tract with  the  division  board.  (Ky.  Stat.  Sec.  4506.) 


CHAPTER  IX. 

THE  SCHOOL  TEXT  BOOK   LAW. 

§  85. — Members  of  Commission — There  is  hereby  created  in  each 
county  within  the  State  a  County  Text  Book  Commission,  which  shall 
consist  of  the  County  Superintendent  of  Schools,  two  members  of  the 
County  Board  of  Examiners,  the  Principal  of  a  High  School  in  the 
County,  to  ,be  appointed  by  the  State  Board  of  Education,  and  one 
member  of  the  County  Board  of  Education  elected  by  said  County 
Board,  provided  that  no  person  shall  serve  on  said  Commission  who 


S.  L.— 2 


34  SCHOOL  LAWS  OF  KENTUCKY. 

is  the  author  of  any  text  book  published  for  use  in  the  common 
schools,  or  who  has  been  in  the  employ  as  a  traveling  salesman,  or 
otherwise,  of  any  publisher  of  school  text  books  within  a  period  of 
two  years  prior  to  the  passage  of  this  act. 

§  86. — Vacancies — How  Filled — Vacancies  on  the  Commission  re- 
sulting from  the  disqualification  of  the  County  Superintendent,  Prin- 
cipal of  the  county  high  school,  or  member  of  the  Board  of  Examiners, 
shall  be  filled  by  the  State  Board  of  Education.  Vacancies  resulting 
from  other  causes  shall  be  filled  as  prescribed  by  law  for  original 
members. 

§  87. — Oath  of  Office— Each  member  of  said  Commission  shall 
qualify  by  taking  and  subscribing  to  an  oath  faithfully  to  discharge 
his  duties  as  required  by  this  law,  and  the  said  affidavit  shall  be 
filed  in  the  office  of  the  clerk  of  the  county  court  of  the  county. 

§  88. — Meetings  of  Commission — Record  to  be  kept  by  Secretary — 
The  members  of  the  County  Text  Book  Commission,  as  thus  consti- 
tuted, shall  meet  on  the  call  of  the  County  Superintendent  in  his  office 
during  the  month  of  April  of  the  years  in  which  existing  contracts 
expire,  and  shall  organize.  The  County  Superintendent  shall  be  ex 
officio  Chairman  of  the  Commission,  and  a  Secretary  shall  be  elected 
from  the  membership.  The  Chairman  shall  preside  at  all  meetings  of 
the  Commission.  The  Secretary  shall  keep  complete  records  thereof, 
and  all  such  records  and  all  contracts  shall  be  signed  by  the  chair- 
man and  secretary. 

§  89. — Adoption  of  Books — Sealed  Bids — Advertisement — Not  less 
than  sixty  days  before  the  expiration  of  the  contracts  now  in  force 
for  furnishing  books  to  the  common  schools  of  the  county,  the  County 
Text  Book  Commission  shall  advertise  through  one  or  more  county 
papers,  or  by  written  notification  to  all  qualified  publishers  as  here- 
inafter provided,  that  at  a  time  and  place  fixed  definitely  in  the  ad- 
vertisement, sealed  bids  or  proposals  will  be  received  from  the  pub- 
lishers of  school  text  books  for  furnishing  books  to  the  common 
schools  of  the  county,  in  accordance  with  the  provisions  of  this  law 
and  such  regulations  as  the  Commission  may  prescribe.  Such  adver- 
tisement shall  reserve  to  the  Commission  the  right  to  reject  any  and 
all  bids. 

§  90. — Proposal  to  State  Contract  and  Exchange  Prices — Specimen 
Copy  of  Books — Such  bids  or  proposals  shall  be  for  furnishing  books 
during  a  period  of  five  years  and  no  longer.  The  bids  shall  state 
specifically  the  net  contract  prices  at  which  books  are  to  be  furnished 
to  agents  within  the  county,  and  the  exchange  price  to  the  pupils, 
and  shall  be  accompanied  by  a  specimen  copy  of  every  book  proposed 
to  be  furnished.  All  bids  shall  be  sealed  and  deposited  with  the 
Chairman  of  the  Commission  to  be  by  him  delivered  to  the  Commis- 
sion in  executive  session,  when  they  shall  be  opened  in  the  presence 
of  the  Commission.  It  shall  be  the  duty  of  the  Chairman  of  the  Com- 
mission to  carefully  preserve  in  his  office  for  comparison  the  specimen 


SCHOOL  LAWS  OF  KENTUCKY.  35 

copy  of  each  of  the  books  adopted,  together  with  the  original  bid  or 
proposal,  and  when  requested,  to  return  to  the  publishers  the  speci- 
men copies  of  other  books  submitted,  at  their  expense. 

§  91. — Bids  May  Be  Rejected— The  Commission  shall  have  and  re- 
serve the  right  to  reject  any  and  all  bids  for  reasons  satisfactory  to 
a  majority  of  the  Commission.  In  case  of  failure  to  select  from  the 
bids  submitted  a  satisfactory  text  book  upon  any  of  the  branches 
prescribed  by  law,  the  Commission  shall  readvertise  for  sealed  bids 
under  the  same  terms  and  conditions,  and  proceed  with  its  investi- 
gations as  in  the  first  instance. 

§  92. — Uniform  Series  of  Books — Cities  Exempt — It  shall  be  the 
duty  of  the  said  Commission  in  each  county,  during  the  months  of 
June  or  July  of  the  years  in  which  existing  contracts  expire,  by  a 
majority  vote  of  the  entire  Commission  to  adopt  from  the  authorized 
State  list,  as  hereinafter  provided,  a  uniform  series  or  system  of 
text  books  for  use  in  the  common  schools  of  the  county,  except  in 
cities  of  the  first,  second,  third,  fourth,  fifth  and  sixth  classes,  and 
to  arrange  for  the  distribution  of  such  books  to  agents  at  the  net 
contract  price.  The  Commission  may,  from  time  to  time,  make  any 
regulations  not  contrary  to  the  provisions  of  this  act  to  secure  the 
prompt  and  faithful  performance  of  all  contracts,  and  the  prompt  dis- 
tribution of  the  books  herein  provided  for. 

§  93. — Merits  of  Book  to  be  Considered — The  Commission,  in  the 
selection  and  adoption  of  a  uniform  series  of  text  books,  shall  consider 
the  merits  of  the  books,  taking  into  consideration  their  subject-matter, 
the  printing,  binding,  material  and  mechanical  qualities,  their  general 
suitability  and  desirability  for  the  purposes  intended  and  the  price. 
The  Commission  shall  select  and  adopt  such  books  as  will,  in  its 
judgment,  accomplish  the  ends  desired. 

§  94. —  Branches  to  Include  Elementary  and  High  Schools — The 
uniform  series  of  text  books  to  be  selected  by  the  Commission  shall 
include  all  the  branches  required  by  law  to  be  taught  in  the  common 
elementary  and  high  schools  of  the  county,  except  as  herein  pro- 
vided, but  no  text  book  shall  contain  anything  of  a  partisan  or  sec- 
tarian character. 

§  95.—County  High  School  Adoption— County  high  schools  having 
been  established  since  the  last  adoption  of  text  books,  it  shall  be 
the  duty  of  each  County  Text  Book  Commission,  as  herein  consti- 
tuted, by  or  before  the  1st  of  July,  1910,  to  adopt  a  uniform  series  of 
text  books  for  use  in  such  county  high  schools  and  such  other  high 
schools  as  may  not  be  exempt  by  law  from  the  provisions  of  this  act. 
Such  adoption  shall  be  made  in  accordance  with  the  provisions  of  this 
act,  and  shall  be  for  a  term  of  four  years  from  July  15,  1910.  All 
adoptions  thereafter  shall  be  for  a  term  of  five  years. 

§  96. — Contracts  Awarded— Must  Notify  State  Superintendent — 
After  the  adoption  shall  have  been  made,  the  Commission  shall  award 
the  contracts  and  shall,  by  registered  letter,  notily-~4k&Jbjdders  to 


OF 


36  SCHOOL,  LAWS  OF  KENTUCKY. 

whom  contracts  have  been  awarded,  and  shall  at  the  same  time 
notify  the  State  Superintendent  of  the  awards  made.  It  shall  be 
stipulated  in  all  contracts  that  the  net  contract  prices  at  which  such 
book  or  books  shall  be  sold  to  the  Commission,  or  the  designated 
agents  of  the  Commission  in  the  county  and  the  exchange  price  to 
pupils  shall  not  exceed  the  lowest  net  contract  and  exchange  prices 
at  which  the  same  book  or  books  are  sold  under  contract  with  any 
other  State,  county,  township  or  school  district  in  the  United  States 
under  like  conditions  of  sale  and  distribution. 

§  97. — Contract  to  be  Prepared  by  State  Superintendent — Approv- 
ed by  Attorney  General — It  shall  be  the  duty  of  the  State  Superin- 
tendent of  Public  Instruction  to  prepare  and  have  printed  a  form  of 
contract  between  county  text  book  commissions  and  publishers  of 
school  books,  said  form  to  be  approved  by  the  Attorney  General,  and 
to  furnish  the  same,  through  the  County  Superintendent,  to  the  sev- 
eral county  commissions  of  the  State;  and  no  other  form  of  contract 
shall  be  used  by  such  county  commissions  and  publishers  in  carry- 
ing out  the  provisions  of  this  act. 

§  98.— ^State  of  Kentucky  Not  Liable— It  shall  always  be  a  part  of 
the  terms  and  conditions  of  every  contract  made  in  pursuance  of  this 
act  that  the  State  of  Kentucky  shall  not  be  liable  to  any  contractor 
in  any  manner  for  any  sum  whatever,  but  all  such  contractors  shall 
receive  their  pay  and  compensation  solely  and  exclusively  from  the 
proceeds  of  the  sale  of  books,  as  provided  for  in  this  act. 

§  99. — Agents  Appointed — Prices  of  Books — Exchange  of  Books — 
For  the  distribution  and  sale  of  adopted  books  to  patrons,  the  County 
Commission  shall  arrange  with  at  least  two  responsible  merchants 
or  other  agents  in  the  county  of  good  financial  rating,  in  locations 
selected  with  reference  to  the  convenience  of  said  patrons,  and  shall 
appoint  the  same  as  agents,  and  such  agents  shall  sell  the  books 
adopted  to  the  patrons  and  pupils  of  the  common  schools  at  a  price 
not  exceeding  fifteen  per  cent,  advance  on  the  net  contract  price  of 
said  books,  and  out  of  said  excess  over  the  net  contract  price  so 
charged  by  such  agent  he  shall  pay  the  transportation  charges  on 
said  books.  Said  agent  shall  exchange  new  books  for  old  ones  dis- 
placed by  said  adoption  at  the  exchange  price  herein  provided  for 
during  the  first  year  of  each  and  every  contract  made  under  the  pro 
visions  of  this  act. 

§  100.— Patrons  May  Exchange  Old  Books— When  any  patron  or 
pupil  of  the  common  schools  owning  text  books  adopted  for  use  in 
said  schools  in  the  county  of  his  residence  shall  remove  to  another 
county,  he  may  deliver  such  books  to  any  agent  or  dealer  in  the 
county  from  which  he  has  removed  and  the  agent  or  dealer  to  whom 
same  shall  be  delivered  shall  receive  and  pay  him  in  money  the  ex- 
change value  of  such  books.  Provided,  that  only  such  old  books  as 
are  whole  and  in  good  serviceable  condition  'Shall  be  so  purchased  by 
said  dealer. 


•SCHOOL  LAW'S  OF  KENTUCKY.  37 

§  101. — County  Judge  to  Purchase  Second  Hand  Books — The 
county  judge  in  purchasing  books  for  indigent  pupils  as  required  by 
law  shall  purchase  from  said  dealers  said  second  hand  books  so  far 
as  the  same  may  be  suitable  for  such  purpose  and  furnish  'same  to 
the  County  Superintendent  for  the  use  of  said  indigent  pupils.  Pro- 
vided, that  no  agent  or  dealer  of  any  county  commission  shall  sell 
any  second  hand  books  so  purchased,  or  any  second  hand  book  to  any 
pupil  or  patron  or  to  the  county  judge  as  herein  provided  at  a  price 
higher  than  ten  per  cent,  above  the  cost  of  such  second  hand  book. 

§  102. —  Penalty  for  Unlawful  Sale  or  Extra  Charge — Any  agent  or 
dealer,  clerk  or  other  person  having  or  selling  books  adopted  under 
this  act,  who  shall  ask  or  receive  for  any  such  book  more  than  the 
lawful  price  therefor,  as  herein  defined,  or  who  shall  refuse  to  ex- 
change new  books  for  old  at  the  exchange  price  herein  provided  for 
during  said  period  of  exchange,  or  who  shall  refuse  to  receive  from 
patrons  or  pupils  removed  to  other  counties  books  owned  by  them 
and  adopted  for  use  in  the  common  'schools  of  the  county  of  such 
agent  or  dealer  and  to  pay  to  them  the  exchange  value  thereof  in 
cash  for  such  old  books  shall  be  guilty  of  a  misdemeanor,  and  on  con: 
viction  shall  be  fined  in  a  sum  not  less  than  fifty  nor  more  than  one 
hundred  dollars. 

§  103.— State  Board  of  Education  to  Make  Printed  List — County 
Superintendent  to  Furnish  List--Jt  shall  be  the  duty  of  the  State 
Board  of  Education  by  the  first  of  September  of  each  year  to  have 
printed  a  complete  list  of  all  the  books  adopted  under  the  provisions 
of  this  act  stating  the  highest  lawful  retail  and  exchange  price  of 
each,  and  to  distribute  such  lists  to  county  superintendents  in  such 
quantity  as  they  may  request.  It  shall  be  the  duty  of  the  County 
Superintendent  to  furnish  such  lists  attested  by  his  signature,  to  all 
dealers  and  to  the  principal  teachers  of  all  schools  in  the  county,  and 
such  dealers  and  teachers  shall  post  the  same  conspicuously  in  their 
sales  rooms  or  school  houses.  Failure  to  comply  with  the  provis- 
ions of  this  section  by  any  of  the  parties  herein  named,  shall  be 
punishable  by  a  fine  of  not  less  than  ten  nor  more  than  twenty  dol- 
lars. 

§  104.— Adopted  Texts  must  be  Exclusively  Used— Penalty  for 
Violation — The  books  adopted  by  the  Commission  as  the  uniform 
system  of  text  books  shall  be  introduced  and  used  as  text  books  to 
the  exclusion  of  all  others  in  all  the  common  schools  of  the  county, 
except  as  herein  provided,  for  a  period  of  five  years  from  the  date  of 
adoption,  and  it  shall  not  be  lawful  for  any  teacher  or  other  school 
officer  to  use,  or  any  board  of  education  to  permit  to  be  used,  any 
books  upon  the  same  branches  other  than  those  adopted  by  the 
Commission.  However,  nothing  herein  shall  prevent  the  use  of  sup- 
plementary books,  but  such  supplementary  books  shall  not  be  used 
to  the  exclusion  of  the  books  prescribed  under  the  provisions  of  this 
act.  Any  board  of  education,  trustee  or  teacher  violating  the  provis- 


38  SCHOOL  LAWS  OF  KENTUCKY. 

ions  of  this  section  shall  be  guilty  of  a  misdemeanor,  and  upon  con- 
viction, be  punished  by  a  fine  of  not  less  than  ten  nor  more  than  fifty 
dollars  for  each  offense. 

§  105. — Publisher  Must  File  Statement  with  Superintendent  of 
Public  Instruction — Before  the  publisher  of  any  school  text  book  shall 
offer  the  same  for  sale  to  any  county  text  book  commission  in  Ken- 
tucky, said  publisher  shall  file  a  copy  of  the  text  book  in  the  office 
of  the  State  Superintendent  of  Public  Instruction  with  a  'Sworn 
statement  of  the  lowest  net  price  at  which  said  book  is  sold  any- 
where in  the  United  States,  under  State,  county,  township,  district 
or  city  contract.  Said  publisher  shall  file  with  the  State  Board  of 
Education  a  written  agreement  to  furnish  said  book  or  books  to 
the  designated  agents,  as  hereinbefore  provided,  or  to  any  county 
text  book  commission  in  Kentucky  at  the  prices  so  filed,  exclusive  of 
transportation  charges.  Said  publisher  must  further  agree  to  reduce 
said  prices  in  Kentucky  if  reductions  are  made  elsewhere  in  the  coun- 
try, so  that  at  no  time  may  any  book  be  sold  in  Kentucky  by  the 
contractor  at  a  higher  price  than  is  received  for  the  same  book  else- 
where under  State  or  county  ^contract.  Said  publisher  shall  further 
agree  that  all  books  offered  for  sale  in  Kentucky  shall  be  equal  in 
quality  to  those  deposited  in  the  office  of  the  State  Superintendent  as 
regards  paper,  binding,  printing,  illustrations  and  all  points  that  may 
affect  the  value  of  said  books. 

§  106. — Book  Adopted  Must  Comply  with  Sample — Damages  on 
Bond  may  be  Recovered — If  any  publisher  shall  furnish  to  any  county 
books  inferior  in  any  particular  to  the  samples  on  file  in  the  office 
of  the  State  Superintendent,  or  shall  offer  them  at  higher  prices  than 
those  listed  with  the  State  Superintendent,  it  shall  become  the  duty 
of  the  County  Text  Book  Commission  of  said  county  to  inform  the 
State  Superintendent  of  the  failure  of  said  publisher  to  comply  with 
the  terms  of  his  contract.  The  State  Superintendent  shall  thereupon 
notify  the  publisher  of  'said  complaint,  and  if  said  publisher  shall  dis- 
regard the  notification  and  fail  immediately  to  comply  with  the  terms 
of  his  contract,  then  the  State  Superintendent  shall  institute  legal  pro- 
ceedings to  recover  damages  on  the  bond  of  said  publisher. 

§  107. — License  Fee  of  Publisher — Fund  to  be  used  for  Expenses 
— Before  the  publisher  of  any  school  text  book  shall  offer  the  'Same 
for  sale  to  any  county  text  book  commission  in  the  State  of  Ken- 
tucky, and  at  the  time  of  filing  such  text  book  in  the  office  of  the 
State  Superintendent  of  Public  Instruction,  said  publisher  shall  pay 
into  the  Treasury  of  the  State  of  Kentucky  a  filing  fee  of  five  dollars 
for  each  book  offered  by  said  publisher.  A  series  of  books  by  the 
same  author  and  upon  the  -same  subject  shall  constitute  one  book  for 
this  purpose.  The  fees  thus  received  shall  constitute  a  fund  out 
of  which,  upon  requisition  made  by  the  State  Superintendent,  shall 
be  paid  the  expenses  of  publishing  lists  and  other  information  for 
the  use  of  the  County  Text  Book  Commissions,  clerk  hire  and  other 


SCHOOL  LAWS  OF  KENTUCKY.  39 

necessary  expenses  in  connection  with  the  filing  of  all  text  books 
submitted  for  adoption  in  the  State  of  Kentucky.  Any  balance  of 
such  fund  remaining  upon  the  first  of  January  of  the  fifth  year 
following  the  completion  of  adoptions  shall  be  placed  to  the  credit 
.  of  the  State  School  Fund. 

§  108. — Sworn  Statement  to  be  Filed  by  Publisher — When  any 
publisher  of  school  text  books  shall  file  with  the  State  Superintend- 
ent the  samples  and  lists  provided  for  under  this  act,  said  publisher 
at  the  same  time  shall  be  required  to  file  a  sworn  statement  that 
he  has  no  understanding  or  agreement  of  any  kind  with  any  other 
publisher,  or  interest  in  the  business  of  any  other  publisher  with 
the  effect,  design  or  intent  to  control  the  prices  of  such  books,  or 
to  restrict  competition  in  the  adoption  or  sale  thereof. 

§  109. — Agreement  to  Control  Prices — Attorney  General  to  Insti- 
tute Proceedings — If,  at  any  time,  any  publisher  shall  enter  into  any 
understanding,  agreement  or  combination  to  control  the  prices  or  to 
restrict  competition  in  the  adoption  or  sale  of  school  books,  or  if  the 
statements  required  of  said  publisher  in  the  preceding  sections  shall 
be  untrue  in  any  respect,  then  the  Attorney  General  shall  institute 
and  prosecute  legal  proceedings  for  the  forfeiture  of  the  bond  of  said 
publisher,  and  for  the  revocation  of  his  authority  to  sell  school 
books  in  this  State,  and  all  contracts  made  by  said  publisher  under 
this  act,  shall  thereupon  become  null  and  void  at  the  option  of  the 
other  parties  thereto. 

§  110. — Money  for  Campaign  Purposes — Penalty — Any  person,  firm 
or  corporation  qualified  to  sell  school  books  in  Kentucky  under  the 
provisions  of  this  act,  or  any  agent  thereof  who  shall,  directly  or 
indirectly,  contribute  any  money  or  thing  of  value  to  the  cam- 
paign fund  of  any  political  party,  or  to  the  campaign  fund  of  any 
person  who  is  a  candidate  for  office  in  this  State,  or  in  any  district 
or  county  thereof,  or  to  the  campaign  fund  of  any  person  who  is  a 
candidate  for  nomination  for  an  office,  or  shall  give  any  money,  or 
valuable  property  whatsoever  to  any  member  of  any  county  text 
book  commission,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof,  shall  be  fined  not  less  than  one  thousand 
dollars  nor  more  than  five  thousand  dollars  in  the  discretion  of  the 
jury,  and  such  act  on  the  part  of  said  person,  firm  or  corporation, 
or  the  agent  thereof,  shall  also  be  considered  a  breach  of  the  bond 
made  by  said  person,  firm  or  corporation  with  the  State,  and  the 
venue  of  action  shall  be  within  any  county  in  the  State  where  said 
act  is  committed,  or  in  the  Franklin  Circuit  Court;  and  the  State 
Board  of  Education,  or  any  one  of  the  county  text  book  commis- 
sions, or  any  member  thereof  in  the  county  where  the  offense  is 
committed,  <shall  have  the  right  to  prosecute  an  action  for  the  breach 
of  said  bond,  and  the  amount  recovered  for  said  breach  shall  be  turn- 
ed over  to  the  Treasury  of  Kentucky  for  the  benefit  of  the  State 
School  Fund. 


40  SCHOOL  LAWS  OF  KENTUCKY. 

§  111. — Bribery — Penalty — Any  mejnber  of  any  county  text  book 
commission  who  shall  solicit,  accept  or  receive  any  money,  gift  or 
any  property  or  favor  whatsoever  from  any  person  qualified  to  sell 
text  books  in  Kentucky,  or  any  -agent  thereof,  or  other  person  in  any 
way  interested  in  the  sale  of  such  text  books  shall  be  deemed  guilty 
of  a  misdemeanor  and  upon  conviction,  shall  be  punished  by  a  fine  not 
exceeding  one  thousand  dollars,  or  by  imprisonment  in  the  county  jail 
for  not  more  than  six  months,  or  by  both  such  fine  and  imprisonment. 

§  112. — Bond  to  be  Filed  by  Publisher — To  insure  compliance  with 
the  aforesaid  conditions  under  which  school  text  books  may  be  sold 
in  the  State  of  Kentucky,  the  publisher  shall  file  with  the  State  Board 
of  Education  a  bond  of  not  less  than  two  thousand  dollars  nor  more 
than  ten  thousand  dollars,  the  amount  to  be  fixed  by  the  State  Board 
of  Education  upon  compliance  with  the  provisions  of  the  preceding 
sections,  and  the  bond  to  be  approved  by  said  Board.  The  publisher 
shall  thereupon  be  qualified  to  sell  school  books  in  this  State.  Any 
publisher  who  shall  offer  for  adoption  to  any  text  book  commission 
school  text  books  of  any  kind  without  first  qualifying  therefor  under 
this  act,  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction,  shall 
be  fined  not  less  than  five  hundred  dollars  nor  more  than  five  thou- 
sand dollars. 

§  113. — Any  publisher  who  shall  offer  for  adoption  to  any  text 
book  commission  school  text  books  of  any  kind  without  first  qualify- 
ing therefor  under  this  act,  shall  be  guilty  of  misdemeanor,  and  upon 
conviction,  shall  be  fined  not  less  than  five  hundred  dollars  nor  more 
than  five  thousand  dollars. 

§  114.— City  Schools  to  Adopt— The  Board  of  Education  in  a  city 
of  the  first,  second,  third,  fourth,  fifth  or  sixth  class,  shall  constitute 
the  Text  Book  Commission  for  such  city,  and  as  such,  its  powers, 
duties,  restrictions  and  penalties  shall  be  identical  with  those  pro- 
vided by  law  for  county  text  book  commissions;  provided  that  the 
members  of  such  Board  acting  as  a  text  book  commission  shall  re- 
ceive no  compensation  for  their  services,  and  provided  further  that 
if  any  member  of  said  Board  shall  be  or  become  ineligible  to  serve 
as  a  member  of  the  Text  Book  Commission,  then  the  other  members 
of  the  Board  are  hereby  empowered  to  fill  the  vacancy  on  the  Text 
Book  Commission  thus  created. 

§  115.— The  provisions  of  this  law  shall  also  apply  to  all  corpora- 
tions, firms  or  individuals  concerned  in  any  way  in  the  selection, 
adoption,  sale  or  use  of  common  school  text  books  in  cities  of  the 
first  four  classes. 

§  116.— Repealing  Clause— All  laws  and  parts  of  laws  in  conflict 
with  the  provisions  of  this  article  are  hereby  repealed.  Provided, 
however,  that  the  provisions  of  contract  and  obligations  imposed  by 
law  under  which  the  existing  State  contract  for  uniform  text  books 


SCHOOL  LAWS  OF  KENTUCKY .  41 

was  made  shall  remain  in  force,  and  all  contractors  thereunder  shall 
continue  to  be  held  liable  under  their  bond  for  the  faithful  perform- 
ance of  said  existing  contracts  until  the  expiration  of  the  same. 


CHAPTER  10. 
COUNTY  SCHOOL  DISTRICT  LAW. 

§  117.— County  to  Compose  School  District— Exception— That  each 
and  every  county  in  this  Commonwealth  shall  compose  one  school 
district,  excepting  that  where  there  is  a  city  or  town  in  any  county 
which  maintains  a  separate  system  of  public  schools,  then  the  balance 
of  said  county,  outside  of  such  city  or  town  district,  shall  constitute 
a  school  district.  (Ky.  Stat.  Sec.  4426a.) 

§  118. — County  to  be  Divided  into  Educational  Divisions — Power  to 
Change  Boundaries  of  Educational  Divisions — Graded  Schools  Exempt 
— Three  Kinds — Per  Capita  Apportioned  each  Subdistrict — "That 
within  thirty  days  after  this  act  goes  into  effect  the  County  Superin- 
tendent of  schools,  the  county  judge  and  the  County  Attorney  in  each 
county  of  the  Commonwealth  shall  meet  at  the  court  house  of  their 
respective  counties  upon  the  call  of  the  County  Superintendent  of 
Schools,  and  shall  divide  each  county  school  district,  as  provided,  in 
section  one,  into  educational  divisions  containing  as  nearly  as  pos- 
sible an  equal  number  of  children  of  school  age,  including  both  white 
and  colored  children,  as  shown  by  the  last  census  of  school  children, 
and  in  each  county  the  said  officers  may  make,  as  may  seem  expedi- 
ent, either  four,  six  or  eight  of  such  educational  divisions,  and  in  fix- 
ing the  boundaries  of  said  educational  divisions  they  saall  be  made 
to  follow,  as  nearly  as  practicable,  the  boundaries  of  existing  school 
districts  for  white  children.  They  shall  have  the  power  to  change  the 
boundaries  of  educational  divisions  whenever  such  change  becomes 
necessary.  The  county  judge,  county  superintendent  of  schools  and 
County  Attorney  shall  then  subdivide  each  of  the  said  educational 
divisions  into  school  subdistricts,  following  as  nearly  as  practicable 
the  boundaries  of  existing  school  districts  for  white  children.  Provid- 
ed, That  any  graded  common  school  district  that  may  exist  in  any 
educational  division  or  that  may  hereafter  be  established  according 
to  law,  whether  operating  under  special  charter  or  established  by 
popular  vote,  as  provided  for  in  the  laws  relating  to  the  graded  com- 
mon schools,  and  school  districts  now  operating  within  municipal 
districts  established  and  ,ajgrporated  under  special  charter  and  sup- 
plementing the  State  schooTMiund  by  local  tax  of  not  less  than  twenty 
cents  on  each  hundred  dollars  of  assessed  valuation  of  property,  shall 
retain  their  present  boundaries  and  be  exempt  from  the  provisions  of 
this  Act,  The  provisions  of  this  act  shall  not  apply  to  any  graded. 


42  SCHOOL  LAWS  OF  KENTUCKY. 

school  district  created  by  special  act  and  having  a  'School  fund  other 
than  that  provided  by  general  law.  The  boundaries  of  any  such 
school  subdistrict  as  above  fixed,  shall  include  all  children,  both 
white  and  colored,  residing  in  said  subdistrict,  and  said  subdistrict 
shall  not  include,  except  in  cases  of  emergency  fewer  than  fifty 
white  children  of  school  age,  nor  in  any  case  fewer  than  twenty-five 
such  children  subject  to  the  approval  of  the  State  Board  of  Educa- 
tion. No  sub-district  shall  be  apportioned  their  per  capita  of  the 
State  fund  on  fewer  than  fifty  white  pupil  children,  nor  shall  any 
subdistrict  be  apportioned  the  per  capita  on  more  than  one  hundred 
white  pupil  children  for  the  payment  of  one  teacher.  (Section  as 
amended  by  act  of  1912.) 

§  119.— Trustees  to  be  Elected— Who  May  Vote— "On  the  first 
Saturday  in  August  after  the  passage  of  this  act  an  election  shall  be 
held  at  the  school  building  in  each  school  subdistrict  in  this  Common- 
wealth from  the  hours  of  one  until  five  o'clock  in  the  afternoon  for 
the  purpose  of  electing  one  trustee  for  each  school  sub-district  as  fix- 
ed by  section  two  of  this  act.  The  trustees  then  elected  shall  hold 
their  offices  one-half  for  one  year  and  one-half  for  two  years,  as 
shall  be  determined  by  lot  at  the  first  meeting  of  the  division  board 
as  provided  for  in  section  four  of  this  act.  Each  year  thereafter 
there  shall  be  elected  for  two  years  one  trustee  in  each  sub-district  in 
which  the  term  of  his  predecessor  in  office  will  then  expire.  Said 
trustees  shall  serve  until  their  successors  are  duly  elected  or  ap- 
pointed and  qualified  as  herein  provided. 

Any  person  shall  be  eligible  to  this  office  of  school  trustee  who  is 
over  twenty-one  years  of  age,  and  who  has  been  a  resident  of  the 
sub-district  for  which  he  is  elected  for  sixty  days  before  the  elec- 
tion, and  who  is  able  to  read  and  write,  -as  shown  by  a  certificate 
of  five  reputable  citizens  of  the  sub-district,  and  all  male  persons 
over  twenty-one  years  of  age  who  shall  have  resided  in  a  school  sub- 
division for  sixty  days  next  before  an  election  shall  have  the  right  to 
vote  at  such  elections.  All  elections  for  school  trustees  shall  be  viva 
voce  vote.  The  officers  of  the  election  shall  be  two  judges  and  a 
clerk,  who  shall  be  residents  of  the  sub-district  and  legal  voters  and 
shall  be  chosen  by  the  voters  at  the  opening  of  the  polls.  The  said 
officers  shall  be  the  judges  of  the  qualifications  of  each  voter  as  pre- 
scribed in  this  act  and  shall  certify  the  returns  of  the  election  to  the 
County  Superintendent  of  Schools  within  five  days  after  said  elec- 
tion. (Section  as  amended  by  Act  of  1912.) 

§  120. — Colored  Visitors — Election— At  the  same  time  and  place 
and  by  the  election  officers  who  conduct  the  election  for  subdistrict 
trustees,  an  election  shall  be  held  for  the  purpose  of  electing  a  visitor 
for  the  colored  school  or  schools  of  the  subdistrict.  Such  visitor 
shall  be  nominated  and  elected  in  the  same  manner  as  the  subdistrict 
trustee,  save  that  the  nominating  petition  shall  be  signed  by  colored 
voters,  and  that  colored  voters  alon.e  §b,all  be  eligible  to  vote  for  such 


SCHOOL  LAWS  OF  KENTUCKY.  43 

visitor.  So  far  as  the  colored  school  or  schools  of  the  subdistrict  are 
concerned,  the  duties  of  the  visitor  shall  be  identical  with  those  of  the 
subdistrict  trustee,  save  that  such  visitor  shall  not  be  a  member  of 
the  Division  Board.  (Section  as  amended  by  Acts  of  1910.) 

§  121 — Organization  of  Board — Vacancies — "The  County  Super- 
intendent of  Schools  shall  meet  the  trustees  so  elected  from  the  vari- 
ous school  sub-districts  of  each  educational  division  at  some  point 
to  be  designated  by  him  within  such  educational  division  within 
thirty  days  after  the  date  of  their  election,  proper  notice  having 
been  given  in  writing  to  each  trustee  as  to  the  time  and  place  of  flfueli 
meeting  for  the  purpose  of  organizing  the  trustees  so  elected  into  a 
division  board  of  school  trustees  'by  choosing  one  of  said  trustees  to 
be  chairman  and  one  to  be  secretary  of  said  division  board. 

The  County  Superintendent  of  Schools  shall  be  a  member  of  such 
division  board  of  his  county,  but  shall  only  vote  upon  any  matter  in 
case  of  a  tie  vote,  and  then  he  shall  cast  the  deciding  vote. 

"Any  vacancy  that  may  exist  in  the  trusteeship  of  any  school 
sub-district  shall  be  filled  by  appointment  by  the  County  Board  of 
Education  and  to  them  petition  may  be  made  by  the  voters  of  the  sub- 
district. 

"Should  the  office  of  chairman  of  a  division  board  become  vacant 
the  county  superintendent,  as  soon  as  the  election  has  been  held  to 
elect  a  sub-district  trustee  as  above  provided,  shall  call  a  meeting  of 
said  division  board  and  shall  then  proceed  .to  elect  another  chairman, 
and  until  a  chairman  is  so  elected,  such  division  board  may  choose 
one  of  its  members  as  a  temporary  chairman."  (Section  as  amended 
by  act  of  1912.) 

§  122. — Duty  of  Trustee — Census — It  shall  be  the  duty  of  the  trus- 
tee in  each  school  sub-district,  to  personally  supervise  the  school  or 
schools  in  his  sub-district,  and  to  report  the  needs  thereof  to  the  divis- 
ion board  of  his  educational  division  at  its  regular  meeting,  together 
with  such  recommendations  as  he  may  deem  necessary  for  the  best 
interest  of  said  school  or  schools.  All  such  reports  and  recommenda- 
tions should  be  in  writing.  The  Division  Board  shall  refer  such  re- 
ports to  the  County  Board  with  its  recommendations  on  same.  The 
trustee  of  each  school  sub-district  shall,  in  the  month  or  April  of  each 
year,  make  and  return  to  the  county  superintendent  a  complete  census 
of  the  children  of  school  age  residing  in  his  district,  ana  for  the  per- 
formance of  all  his  duties  he  shall  be  allowed  and  paid  the  sum  of  five 
cents  per  pupil  child  reported  in  such  census. 

He  shall  make  a  complete  census  of  all  illiterate  children  of  school 
age,  with  the  names  of  their  parents  or  guardians,  with  their  post- 
office  address;  also  the  names  of  all  children  of  school  age  who  have 
completed  the  common  school  course,  together  with  their  ages.  He 
shall  make  a  census  of  the  names  of  the  children  who  are  attending 
school  outside  of  the  district  in  which  they  reside.  This  census  and 
these  reports  must  be  made  by  the  sub-district  trustee  at  the  time  now 


44  SCHOOL  LAWS  OF  KENTUCKY. 

provided  by  law  for  taking  the  school  census.  The  County  Superin- 
tendent of  schools  in  each  county  shall  make  a  complete  report  of  said 
census  to  the  State  Superintendent  of  Public  Instruction,  whose  duty 
it  shall  be  to  have  printed  annually  and  distributed  a  report  of  same, 
giving  the  number  of  children  in  each  school  district  and  stating  tlie 
number  who  are  illiterate  and,  in  addition,  the  number  who  have 
completed  the  common  school  course,  together  with  the  number  wio 
are  in  attending  school  outside  of  the  district  in  which  they  reside. ' 
(Section  as  amended  by  acts  of  1912.) 

§  123. — Teachers — Employment  of — "It  shall  be  the  duty  of  the 
sub-district  trustee  to  nominate  and  recommend  in  writing  to  the  divi- 
sion board,  one  or  more  teachers  for  each  school  in  his  sub-district, 
and  with  said  nomination  and  recommendation  he  shall  convey  the 
teacher's  credentials  and  any  objections,  remonstrances  or  petitions 
that  may  be  offered,  in  writing,  to  the  election  of  said  teacher  or 
teachers,  and  the  board  shall  elect  for  each  sub-district  a  teacher  or 
teachers  nominated  by  the  trustee  thereof,  when  such  teacher  pos- 
sesses the  necessary  qualifications  and  no  reasonable  objection  is 
offered. 

"Should  the  division  board  reject  any  nomination  or  should  any 
trustee  fail  to  nominate  for  his  sub-district,  the  chairman  of  the  divi- 
sion board  shall  immediately  notify  such  sub-district  trustee  and  re- 
quest further  nominations.  The  division  board  in  each  educational 
division  shall  meet  for  the  consideration  of  applications  and  the 
election  of  teachers,  on  the  first  Saturday  of  June  of  each  year. 

"Qualifications  of  teachers  shall  be  determined  as  provided  by 
law.  Said  educational  division  board  may  meet  on  the  last  Saturday 
of  July  and  August  in  each  year  for  the  purpose  of  filling  any  vacan- 
cies which  may  exist.  Said  division  board  may  meet  at  such  other 
times  as  the  chairman  may  designate. 

"Teachers  shall  be  elected  for  one  school  year,  but  may  be  remov- 
ed by  the  division  board  of  the  Educational  Division  in  which  they 
are  employed,  at  any  time,  subject  to  the  approval  of  the  county  sup- 
erintendent, for  incompetency,  neglect  of  duty  or  immoral  conduct. 

"Contracts  for  the  service  of  all  teachers  shall  be  in  writing,  sign- 
ed in  duplicate  by  the  teacher  and  by  the  chairman  and  secretary 
of  the  dlivision  board  of  the  division  in  which  the  teacher  is  em- 
ployed. Upon  organization  of  said  board,  one  of  the  members  shall 
be  chosen  as  secretary,  who  shall  keep  a  correct  record  of  all  pro- 
ceedings, which  shall  be  a  public  record."  (Section  as  amended  by 
Acts  of  1912.) 

§  124. — County  Board  of  Education— /The  chairman  of  the  several 
educational  division  boards  in  each  county,  together  with  the  county 
superintendent  of  schools,  who  shall  be  chairman  ex-officio,  shall  con- 
stitute the  county  board  of  education. 

§  125.— High  Schools  to  be  Established— "Within  two  years  after 
the  passage  and  approval  of  this  act,  there  shall  be  established  by  the 


SCHOOL  LAWiS  OF  KEiNTUCKY.  4,5 

county  board  of  education  of  each  county  one  or  more  county  high 
schools:  Provided,  There  is  not  already  existing  in  the  county  a  high 
school  of  the  first  class;  if  such  high  school  already  exist,  and  if 
the  county  board  may  be  able  to  make  such  an  arrangement  with  the 
trustees  or  board  of  education  of  said  high  school  as  will  furnish  to 
the  pupils  completing  the  rural  school  course  free  tuition  in  'said  high 
school,  then  said  high  school  may  be  considered  as  meeting  the  pur- 
pose of  this  law  without  the  establishment  by  the  board  of  another 
high  school.  The  county  board  of  education  in  the  various  counties 
shall  have  full  power  and  authority  to  unite  with  the  governing  au- 
thorities of  any  city  or  town  in  their  respective  counties  for  the  pur- 
pose of  establishing  a  high  school  for  the  joint  use  of  the  city  or 
town  and  such  county,  and  to  unite  with  such  authorities  for  the  pur- 
pose of  maintaining  such  high  school  if  one  be  already  in  existence. 
For  this  purpose  said  county  boards  are  hereby  given  full  power  and 
authority  to  make  such  contracts  as  they  may  deem  necessary  or 
proper  for  the  establishment  and  maintenance  of  such  high  schools 
for  the  joint  use  of  the  county  and  such  city  or  town.  Said  con- 
tract shall  be  in  writing  and  shall  contain  full  and  complete  stipu- 
lations as  to  employment  and  compensation  of  teachers,  course  of 
study,  payment  of  expenses  of  the  school  and  the  control  and  dis- 
cipline of  the  pupils:  Provided,  That  the  total  expense  of  conducting 
said  high  school,  including  estimate  of  the  six  per  cent,  per  annum 
on  all  investments  in  buildings,  grounds  and  equipment,  shall  be  pro 
rated  between  the  two  boards  of  education  in  proportion  to  the  en- 
rollment respectively  of  county  pupils  and  pupils  residing  in  said 
town,  city  or  graded  school  district,  for  the  term  of  the  first  half  of 
the  session  and  likewise  for  the  term  of  the  second  half  of  the  school 
session,  the  entire  school  session  being  in  no  case  less  than  eight 
school  months:  Provided,  however,  That  said  contract  tuition  rate 
shall  in  no  case  exceed  the  rate  charged  for  other  pupils.  The  first 
county  high  school  to  be  established  in  the  county  shall  be  located  at 
the  county  seat,  providing  there  is  not  already  existing  in  the  county 
seat  a  high  school  of  the  required  grade.  The  county  high  schools  of 
this  Commonwealth  shall  be  of  the  first,  second  and  third  classes.  A  first- 
class  high  school  shall  maintain  a  four  years  course  of  study,  which 
shall  be  prepared  by  the  State  Board  of  Education.  Such  course  of 
study  may  provide  for  instruction  in  manual  training,  domestic  science 
and  elementary  agriculture.  High  schools  of  the  second  class  shall 
maintain  a  course  of  three  years,  identical  with  the  first  three  years 
of  the  first-class  high  school.  High  schools  of  the  third  class  shall 
maintain  a  course  of  two  years,  identical  with  the  first  two  years  of 
the  first-class  high  school.  (Section  as  amended  by  Acts  of  1912.) 

§  126. — County  to  Levy  Tax — Special  Bond  of  County  Superin- 
tendent—Local Tax  Additional  may  Vote  Subdistrict — It  shall  be  the 
further  duty  of  the  county  board  of  education  to  estimate  and  lay  be- 
fore the  fiscal  court  of  the  county  the  educational  needs  of  the  county 


46  SCHOOL  LAWS  OF  KENTUCKY. 

in  accordance  with  such  estimate,  and  said  county  shall  levy  a  tax 
for  school  purposes,  not  to  exceed  twenty  cents  on  each  hundred  dol- 
lars of  assessed  valuation  of  property  in  the  county,  and  a  capitation 
tax  not  exceeding  one  dollar,  and  the  sheriff  shall  then  collect  this 
tax  as  other  State  and  county  taxes  are  collected:  Provided,  No  tax 
for  schoel  purposes  shall  be  levied  under  this  act  upon  property  in 
cities  and  towns  maintaining  a  first  class  system  of  public  schools  in 
which  all  grades  are  already  taught  to  the  satisfaction  of  the  State 
Board  of  Education,  and  upon  property  in  school  districts  which  are 
made  exempt  as  provided  for  in  section  106  of  this  act.  When  the 
tax  so  levied  shall  have  been  collected  by  the  sheriff  of  the  county, 
he  shall  turn  over  to  the  county  superintendent,  who  shall  act  as 
treasurer  of  the  county  board  of  education,  the  amount  of  money  so 
levied  and  collected,  and  the  county  board  shall  expend  the  money  so 
received  in  the  building,  improvement  and  equipment  of  school 
houses,  for  the  purchase  and  condemnation  of  necessary  real  estate, 
for  the  payment  of  teachers,  purchasing  necessary  supplies  and  the 
extension  of  the  school  term  in  the  various  subdistricts  throughout 
the  county,  as  in  their  judgment  as  a  county  board  the  needs  of  the 
individual  schools  for  white  a'nd  colored  pupils  demand.  The  county 
superintendent  shall  give  such  special  bond  as  may  be  approved  by 
the  county  court.  No  fund  shall  be  paid  out  except  on  the  order  of 
the  county  board,  signed  by  the  chairman  and  countersigned  by  the 
secretary. 

Upon  the  petition  of  ten  legal  voters'  of  any  school  subdistrict,  the 
board  of  education  of  any  division  shall  submit  to  the  legal  voters  of 
said  subdistrict  the  question  whether  or  not  a  tax  shall  be  levied  upon 
the  taxable  property  in  such  subdistrict  in  any  school  year  for  local 
school  purposes;  an  ad  valorem  tax  may  be  so  voted  not  to  exceed 
twenty-five  cents  on  each  one  hundred  dollars  of  taxable  property. 
Such  questions  shall  be  voted  on  at  the  regular  school  election  held, 
as  provided  by  this  act,  on  the  first  Saturday  in  August.  At  least 
fifteen  days  notice  that  such  question  will  be  voted  on  at  any  school 
election  shall  be  given  by  written  or  printed  handbills,  posted  up  in 
at  least  five  of  the  most  public  places  in  such  district.  The  returns 
of  said  election  shall  be  made  to  the  chairman  of  the  division  board 
of  education  and  said  board  shall  meet  within  seven  days  after  such 
an  election  and  canvass  the  returns,  and  if  it  be  ascertained  that  a 
majority  vote  in  such  district  was  cast  in  favor  of  such  tax,  said 
board  shall,  on  its  minute  book,  enter  an  order  levying  such  tax  in 
such  subdistrict,  and  it  shall  be  the  duty  of  the  sheriff  of  the  county 
on  his  official  bond  to  collect  such  tax  and  hold  the  same  subject  to 
the  order  of  the  county  board  of  education  for  the  benefit  of  the  sub- 
district  voting  such  tax,  and  said  sheriff  shall  receive  the  same  com- 
pensation therefor  as  for  collecting  State  and  county  revenue. 

§  127.— To  Establish  new  Subdistricts— iThe  county  board  of  edu- 
cation shall  have  full  power,  when  necessary,  to  lay  off  or  establish 


S'CHDOiL  LAWS  OF  KENTUCKY.  47 

new  school  subdistricts,  or  to  change  the  boundaries  of  those  already 
established. 

§  128. — Purchase,  Lease  or  Rent  Sites — Receive  Gifts— The 
county  board  of  education  shall  have  the  power  to  purchase,  lease 
or  rent  school  sites,  to  build,  to  repair  and  to  rent  school  houses,  pur- 
chase maps,  globes,  charts,  school  furniture,  or  other  apparatus  nec- 
essary to  the  efficient  conduct  of  the  schools  of  the  county,  and  said 
county  board  is  hereby  vested  with  the  title,  care  and  custody,  of 
all  school  houses,  sites,  or  other  property  belonging  to  the  districts 
of  their  several  counties,  and  when,  in  the  opinion  of  the  board, 
any  site  for  school  house  has  become  unnecessary,  they  may  sell 
and  convey  the  same  in  the  name  of  the  county  board  of  education. 
It  shall  have  the  power  to  receive  any  gift,  grant  or  donation  for 
the  use  of  the  schools  within  their  respective  counties,  and  all  con- 
veyances of  real  estate  which  shall  be  made  to  said  county  board  of 
education  shall  vest  the  property  in  said  board  and  their  successors 
in  office  for  the  use  and  benefits  of  the  schools  of  the  county.  It 
shall  have  the  power  to  condemn  any  real  estate  necessary  for 
school  purposes  in  any  district  and  may  proceed  to  do  so  in  the  man- 
ner provided  for  by  law  for  the  condemnation  of  lands  for  railroad 
purposes. 

"The  County  Board  of  Education  is  hereby  empowered  to  assume 
the  indebtedness  of  any  common  school  sub-district  contracted  prior 
to  the  passage  of  the  Act  of  1908,  creating  said  county  board  of  edu- 
cation, and  shall  pay  said  indebtedness  out  of  the  county  tax  levy," 
so  that  Sub-section  II  when  amended  and  re-enacted  shall  read  as  fol- 
lows: (Section  as  amended  by  Acts  of  1912.) 

§  129.— County  Board  Body  Politic— fThe  county  board  of  education 
and  their  successors  shall  be  a  body  politic  and  corporate,  with  per- 
petual succession  and  as  such  may  sue  and  be  sued. 

§  130. — Superintendent  to  Keep  Public  Account — The  county  super- 
intendent shall  keep  an  exact  account  of  all  receipts  and  disburse- 
ments and  shall  report  the  same  in  detail  to  the  county  board  as  often 
as  they  may  require  and  annually  to  the  fiscal  court  of  the  county 
on  the  date  specified  by  that  court  for  receiving  said  report.  The 
books  and  records  of  the  county  board  shall  be  open  for  the  inspec- 
tion of  any  citizen  of  the  county. 

§  131. — Salaries  of  Teachers — Course  of  Study — When  county  high 
schools  shall  be  established,  as  provided  in  this  act,  it  shall  be  the 
duty  of  the  county  board  of  education  to  employ  and  fix  the  salaries 
of  said  teachers  necessary  to  the  efficient  conduct  of  said  high  school 
and  prescribe  the  course  of  study  to  be  pursued,  but  said  course  of 
study  shall  not  be  below  the  standard  fixed  by  the  State  Board  of 
Education  as  provided  in  section  116.  Said  board  shall  also  have  the 
right  to  select  the  text  books  to  be  used  in  said  high  schools. 

§  132. — Time  Boards  Shall  Meet — Compensation— /The  county 
board  of  education  shall  meet  at  a  place  designated  by  the  county 


48  SCHOOL,  LAWS  OF  KEiNTUCKY. 

superintendent  for  the  transaction  of  such  business  as  shall  properly 
come  before  it  under  this  law,  on  the  first  Saturday  in  September, 
following  the  enactment  of  this  law,  and  shall  meet  at  the  call  of 
the  county  superintendent,  who  is  chairman  of  the  county  board,  at 
such  other  times  as  he  may  direct.  The  county  superintendent  shall 
call  the  county  board  upon  the  written  request  of  three  members. 
Each  member  of  the  county  board  shall  receive  three  dollars  for 
each  days  service,  but  no  mtember  shall  be  paid  for  more  than 
twelve  days  service  in  any  one  year,  whether  in  actual  attendance 
upon  the  meetings  of  the  county  board  or  in  inspecting  the  schools 
and  school  property  of  his  division  in  company  with  the  county  su- 
perintendent. 

§  133. — Duty  of  Division  Chairman  to  Report — It  shall  be  the  duty 
of  each  division  chairman  or  member  of  the  county  board  of  education 
to  report  in  writing  the  exact  status  of  the  educational  affairs  of  his 
educational  division  to  the  county  board  for  consideration  at  least 
twice  each  year,  and  at  such  other  times  as  the  chairman  of  the 
county  board  may  require. 

§  134. — Consolidation  of  Subdistricts — Officers  not  to  be  Financial- 
ly Interested — The  county  board  of  any  county  shall  have  power  to 
consolidate  with  reference  to  the  needs  of  either  white  or  colored 
children,  any  two  or  more  contiguous  school  subdistricts,  and  in  case 
of  such  consolidation  school  house  shall  be  built  or  acquired,  located 
at  some  point  convenient  to  the  patrons'  of  such  consolidated  school 
subdistricts,  and  of  sufficient  capacity  to  accommodate  the  pupil  popu- 
lation of  such  consolidated  school  subdistricts,  and  such  schools  shall 
be  called  and  known  as,  consolidated  schools.  Teachers  for  such 
consolidated  schools  shall  be  employed  in  the  same  manner  as  teach- 
•ers  for  school  subdistricts.  No  trustee  nor  member  of  the  county 
board  of  education  nor  county  school  superintendent  shall  be  finan- 
cially interested,  directly  or  indirectly,  in  any  contract  for  the  pur- 
chase of  land,  the  erection  or  repairs  of  any  school  house,  the  furnish- 
ing of  supplies  or  equipment,  or  the  employment  of  any  teacher;  and 
any  of  said  officers  so  offending  shall  be  guilty  of  an  indictable  mis- 
demeanor and  on  conviction  shall  be  fined  not  exceeding  five  hun- 
dred dollars,  or  imprisonment  in  the  county  jail  not  exceeding  six 
months',  and  shall  forfeit  his  office. 

127.— Repealing  Clause. — All  laws  and  parts  of  laws,  in  conflict 
with  this  act,  are  hereby  repealed.  (Ky.  Stat.,  Sec.  4426a.) 

§  135.— Subdistrict  Composed  of  Parts  of  Two  Counties— "With 
the  concurrence  of  the  county  boards  the  county  superintendents 
of  two  or  more  adjoining  counties,  where  the  division  line  intersects 
a  neighborhood  whose  convenience  requires  it,  may  lay  off  a  sub- 
district  composed  of  parts  of  these  counties.  The  selection  and 
payment  of  teachers  and  control  of  such  sub-districts  shall  be  lodged 
in  the  county  board  of  the  county  in  which  the  school  building  is 
located,  but  the  county  boar<i  of  the  other  contracting  county  or 


SCHOOL,  LAWS  OF  KEiNTUCKY.  49 

counties,  shall  pay  such  proportion  of  the  total  expense  of  conduct- 
ing said  school  as  may  be  mutually  satisfactory  and  stated  in  a  writ- 
ten contract,  which  contract  shall  also  state  definitely  the  boundaries 
of  such  fractional  sub-district.  Said  contract  shall  b'e  spread  upon 
the  minutes  of  each  board  and  duplicate  copies  signed  by  the  presi- 
dent and  secretary  of  each  board,  shall  be  filed  in  the  office  of  the 
county  clerk  of  each  of  the  contracting  counties. 

"In  the  sub-districts  thus  constituted,  one  trustee  who  may  re- 
side in  either  fraction,  shall  be  elected  from  the  sub-district  at  large, 
but  said  trustee  shall  be  deemed  a  resident  of  the  educational  divi- 
sion of  the  controlling  county  as  hereinbefore  provided.  The  duties 
of  the  trustee  of  such  fractional  sub  district  shall  be  the  same  as 
those  of  other  sub-district  trustees,  save  that  in  making  a  census  of 
the  children  of  school  age  residing  in  the  sub-district,  he  shall  list 
the  children  of  the  two  or  more  counties  separately  and  make  re- 
turns separately  to  each  county  superintendent,  of  the  children  re- 
siding in  the  respective  counties."  (Acts  of  1912.) 

§  136. — Supervisors  to  be  lEmployed — The  County  Board  of  Educa- 
tion shall  have  power  to  provide  whenever  it  deems  wise,  for  the 
employment  of  supervisors  for  the  rural  schools  under  the  super- 
vision of  the  County  Superintendent.  It  shall  be  the  duty  of  the  said 
supervisors  to  assist  in  supervising  the  rural  schools,  to  act  as  sub- 
stitute teachers  under  the  direction  of  the  County  Superintendent  and 
to  act  as  truant  officer  in  accordance  with  the  laws  governing  the 
attendance  of  pupils  in  the  rural  schools  and  with  such  other  rules 
and  regulations  as  may  be  made  according  to  law  by  the  County 
Board  of  Education.  The  County  Board  of  Education  shall  have 
power  to  pay  the  necessary  expenses  of  the  County  Superintendent 
and  the  said  supervisors  of  rural  schools  while  in  the  discharge  of 
official  duties.  (Acts  of  1912.) 

§  137. — School  Funds — Distribution — Teachers'  Salaries — The 
County  Board  of  Education  shall  have  power  to  place  into  one  com- 
mon school  fund,  the  State  fund  received  from  the  State  Treasury  as 
is  now  provided  by  law  and  the  fund  raised  in  the  county  by  tax  levy 
and  distribute  said  common  school  fund  in  the  county  for  the  purpose 
of  erecting  and  equipping  school  buildings  and  in  the  payment  of 
teachers  and  of  such  other  expenses  as  are  necessary  in  making  an 
efficient  system  of  schools  in  the  county,  provided  that  no  school  in 
the  county  is  taught  for  a  shorter  period  of  time  than  six  school 
months,  one  hundred  twenty  days,  'and  that  no  part  of  said  State 
fund  received  from  the  State  Treasury  shall  be  used  except  for  the 
payment  of  teachers'  salaries  in  the  county,  and  that  no  salary  paid 
to  a  teacher  in  any  sub-district  in  the  county  shall  be  less  than  thirty- 
five  dollars  per  month  nor  more  than  seventy  dollars,  except  high 
school  teachers,  and  that  salaries  between  $35.00  and  $70.00  includ- 
ing the  same,  shall  bet  based  on  and  regulated  by  the  qualifications  of 
the  teacher  and  the  number  of  children  actually  in  attendance  in 


50  SCHOOL  LAWS  OF  KENTUCKY. 

proportion  to  the  number  enrolled  in  the  school  census  for  the  dis- 
tnct,  graduated  in  accordance  with  and  conforming  to  such  rules  and 
regulations  governing  same  as  shall  be  hereafter  prescribed  by  the 
State  Board  of  Education.  The  scale  of  graduation  of  said  salaries 
shall  be  reported  to  and  approved  by  the  State  Board  of  Education 
and  all  rules  and  regulations  governing  same  promulgated  by  the 
State  Board  of  Education  shall  conform  to  law  and  the  purpose  of 
same  shall  be  to  increase  the  efficiency  of  the  common  school  sys- 
tem. 

§  138.— Consolidation  and  Transportation— Power  to  Vote  Tax. — 
That  the  County  Board  of  Education  is  hereby  empowered  to  lay 
off  a  boundary  including  a  number  of  sub  districts  and  submit  to 
the  voters  in  that  boundary  the  proposition  of  a  tax  sufficient  to  pro- 
vide for  consolidation  of  the  schools  within  that  boundary  and  for 
transportation  of  pupils  to  and  from  said  consolidated  school,  and 
may  provide  in  districts  consolidated  under  existing  laws,  by  local 
taxation  or  otherwise  for  the  transportation  of  pupils  of  the  district 
to  and  from  the  schools,  and  such  appropriation  and  taxation  for  said 
purposes  of  transporting  children  is  hereby  validated  as  if  it  had  been 
previously  expressed  in  the  phrase  for  local  taxation,  and  that  where 
sub-districts  have  already  been  consolidated  according  to  law,  and  a 
tax  has  already  been  voted  in  said  consolidated  districts  for  local  ex- 
penses, the  term  "local  expenses"  shall  be  construed  to  include  the 
transportation  of  children  in  such  cases.  Said  proposition  for  taxa- 
tion may  be  submitted  to  the  voters  at  the  regular  election  for  school 
trustees  or  at  any  other  time  decided  upon  by  the  County  Board  of 
Education,  provided  that  not  less  than  thirty  days  notice  be  given  of 
said  election. 

When  such  a  tax  is  voted  in  such  consolidated  district  for  local 
school  purposes,  it  shall  remain  and  be  collected  annually  in  accord- 
ance with  the  provisions  of  law,  until  repealed  by  vote  of  the  people. 
(Acts  of  1912.) 

§  139. — School  Houses  to  Be  Used  for  Other  Purposes. — When  a 
responsible  person  of  any  sub-district  may  apply  to  any  sub-district 
trustee  for  the  use  of  a  school  house,  to  be  used  when  the  school  is 
not  in  session,  during  school  hours  or  vacations,  by  any  lawful  as- 
sembly of  educational,  religious,  agricultural,  political,  civic  or  social 
bodies,  organizations  or  gatherings,  and  if  said  sub-district  trustee 
refuse  the  use  of  sam?,  then  the  said  trustee  shall  state  his  cause 
for  refusal  in  writing,  and  if  a  demand,  signed  by  five  freeholders 
of  said  sub-district  be  presented  to  said  sub-district  trustee,  then  he 
shall  deliver  or  cause  to  be  delivered,  the  keys  of  said  school  house, 
to  such  freeholders,  who  shall  be  responsible  for  the  use  and  care  of 
said  school  property  and  of  avoidable  damages  and  the  return  of 
the  key  to  the  teacher  of  said  district,  if  school  be  in  term  session, 
or  to  the  sub-district  trustee  during  vacations.  (Acts  of  1912.) 

§  140. — Indebtedness  of  Old  Districts — May  be  Assumed  by  County 
Board  of  Education— The  various  County  Boards  of  Education  in  this 


SCHOOL  LAWS  OF  KENTUCKY.  51 

Commonwealth  shall  assume  the  payment  of  any  legal  indebtedness 
contracted  by  the  old  Boards  of  Trustees  under  the  old  law,  and  prior 
to  the  taking  effect  of  the  Act  of  1908,  by  compromise,  partiaj  pay- 
ment, or  otherwise,  as  is  deemed  expedient  and  proper  by  said  Board 
of  Education.  Said  payments  to  be  made  out  of  the  general  school 
fund  of  the  county. 

This  law  shall  also  apply  to  common  school  subdistricts  that  have 
become  graded  common  school   districts   since  1908.    (Acts  of  1912.) 


CHAPTER  XI. 
COUNTY  BONDS. 

ACTS  1912. 

§  141. — Commission  to  be  Appointed  by  County  Judge — Upon  the 
application,  in  writing,  of  250  householders  residing  in  the  district, 
as  hereinafter  described,  it  shall  be  the  duty  of  the  County  Judge  of 
a  county  to  appoint  four  persons,  two  of  whom  shall  be  members  of 
the  Democratic  Party  and  two  members  of  the  Republican  Party,  to 
constitute  a  Building  School  Commission.  Each  appointee  shall  be 
at  least  twenty-five  years  of  age  and  reside  within  the  district,  and 
be  the  owner  in  his  own  right  of  real  estate.  No  officer  or  employee 
of  the  State  or  of  any  city  or  county,  whether  holding  a  paid  or  un- 
paid office,  shall  be  eligible  to  appointment  to  said  Commission.  Such 
appointee  shall  be  subject  to  the  approval  of  the  Fiscal  Court  of  said 
county.  The  term  of  office  shall  be  four  years,  and  if  the  work  therein 
provided  for  is  sooner  completed  such  term  of  office  shall  expire  at 
such  completion.  Vacancies  shall  be  filled  for  an  unexpired  term  in 
the  same  manner  as  the  original  appointment. 

The  district  for  which  said  Commission  is  appointed  and  which 
chall  constitute  the  district  as  hereinafter  mentioned,  shall  be  the 
whole  county,  or,  where  said  county  contains  an  incorporated  town 
or  towns  wherein  is  maintained  a  public  school  which  is,  in  whole  or 
in  part,  supported  by  taxation  levied  alone  upon  the  property  in  said 
town,  then  the  balance  of  said  county. 

§  142. — Commission — Body  Politic  Powers — The  persons  appointed 
as  provided  in  the  first  section,  and  their  successors,  shall  constitute 
a  body  corporate  under  the  name  of  Building. School  Commission  of 

County  (the  name  of  the  county  in  which 

they  are  appointed  being  used  to  fill  the  blank),  and  shall  have  offi- 
cial capacity  to  contract  and  be  contracted  with,  to  sue  and  be  sued 
in  that  name,  and  to  adopt  a  seal  and  alter  the  same  at  pleasure. 
Such  Commission  shall  elect  a  chairman  from,  the  appointed  mem- 
bers. The  appointed  members  of  the  Commission  shall  receive  no 
compensation,  but  shall  be  allowed  their  expenses  of  travel  when  on 
business  of  the  Commission.  It  shall  have  authority  to  employ  such 
clerical  or  other  assistance  as  the  board  may  deem  necessary. 


52  SCHOOL  LAWS  OF  KENTUCKY. 

§  143.— School  Houses  to  be  Built— It  shall  be  the  duty  of  the 
Commission  to  make  such  careful  examination  of  the  method  of  con- 
structing and  furnishing  public  school  houses  as  may  enable  it  to 
determine  the  best  plan  of  erecting  and  furnishing  the  same,  includ- 
ing ventilation,  heating  and  lighting.  The  Commission  shall  have 
the  power  to  employ  one  or  more  architects  to  submit  plans  for  such 
construction  and  furnishing,  together  or  separately,  and.  to  attend  to 
the  carrying  out  of  the  same,  and  pay  a  reasonable  compensation 
therefor. 

§  144. — Bond  to  be  Given  by  Employees — The  Commission  shall 
exact  from  its  officers  and  employees  such  bond,  with  approved  surety, 
as  seems  to  it  discreet,  and  fix  the  form  of  such  bond.  The  premium 
on  such  bonds  shall  be  paid  by  the  Commission. 

§  145. — Plans  to  be  Submitted  to  County  Board— When  the 
Commission  shall  have  determined  upon  a  plan  for  the  erection  and 
furnishing  of  a  school  house  or  school  houses  in  said  district  it  shall 
lay  said  plans  before  the  County  Board  of  Education.  If  said  plans 
so  recommended  by  the  Commission  be  adopted  by  the  County 
Board  of  Education  then  said  Commission  shall  have  the  right  to 
proceed  to  acquire,  by  purchase  or  condemnation,  all  property  neces- 
sary for  such  school  houses  and  play-grounds;  and  the  erecting  and 
furnishing  of  said  school  houses  so  approved. 

§  146.— Contract  for  Building  to  be  Let  to  Lowest  Bidder— All 
work  to  be  done  or  supplies  or  materials  to  be  purchased  in  carry- 
ing out  the  purposes  of  this  Act  and  involving  an  expenditure  of  $500 
or  more  shall  be  by  contract  awarded  to  the  lowest  and  best  bidder; 
but  the  Commission,  with  the  consent  of  all  its  members,  may  itself 
do  any  part  of  such  work  under  such  conditions  as  it  may  prescribe, 
whenever  the  Superintendent  of  Construction  shall,  in  writing 
recommend  that  course.  All  bids  or  parts  of  bids  for  any  work  or 
supplies  or  materials  may  be  rejected  by  said  Commission.  This  sec- 
tion shall  not  apply  to  nor  be  construed  so  as  to  limit  the  power 
of  the  Commission  in  the  appointment  of  architects,  clerks  or  agents. 

§  147. — Bonds  May  Be  Voted— In  order  to  provide  money  for  the 
acquisition  of  property  for  school  sites  and  the  erection  and  furnish- 
ing of  school  buildings  the  Fiscal  Court  of  any  county  may  adopt  a 
resolution  submitting  to  the  voters  of  the  district,  at  the  November 
election  occurring  ninety  days  after  the  entry  of  the  order,  and  suc- 
ceeding the  appointment  of  the  Commission,  the  question  whether 
bonds  of  the  district  shall  be  issued  for  the  purpose  of  carrying  out 
the  work  herein  provided  for.  The  resolution  of  the  Fiscal  Court 
shall  provide  the  date  and  maturity  of  such  bonds,  the  rate  of  interest 
they  shall  bear  and  the  total  amount  to  be  issued,  which  shall  in  no 
event  exceed  the  limit  fixed  by  the  Constitution,  and  the  resolution 
shall  also  contain  the  necessary  details  in  reference  to  the  execu- 
tion and  delivery  of  said  bonds,  their  denomination,  coupons  to  be 


SCHOOL  LAWS  O'F  KENTUCKY.  53    . 

§  148.— Bond  to  be  Sold — Depository  to  be  Selected— When  the 
tire  such  'bonds  at  maturity. 

§  148.-  iBond  to  be  Sold — Depository  to  be  Selected— When  the 
voters  of  the  district  shall  determine  that  such  bonds  shall  be  issued 
they  shall,  when  so  issued,  be  placed  under  the  control  of  said  Com- 
mission, who  shall  determine  when  and  at  what  price  and  how  they 
shall  be  sold;  provided  that  no  such  bonds  shall  be  sold  at  less  than 
par,  and  provided,  further,  that  any  premium  which  may  be  obtained 
from  said  bonds  shall  constitute  a  part  of  the  sinking  fund  for  their 
ultimate  retirement.  As  the  said  bonds  are  sold  their  proceeds  shall 
go  to  the  credit  of  the  Commission  in  some  depository  which  shall 
be  selected  for  the  deposit  by  the  Commission,  and  shall  be  with- 
drawn only  upon  the  checks  of  the  Secretary  and  Treasurer  of  the 
Commission,  countersigned,  in  such  manner  and  accompanied  by 
voucher  approved  in  such  manner  as  may  be  prescribed  by  regula- 
tions to  be  adopted  by  the  Commission;  .provided,  that  the  said  Com- 
mission shall  exact  of  said  depository  bond,  with  surety,  for  the  faith- 
ful accounting  for  and  paying  over  of  such  money  as  may  be  from 
time  to  time  drawn  upon. 

§  149. — Expenses  to  be  Borne  by  Commission — The  Commission 
may  select  its  necessary  employees  prior  to  the  election  on  the  sub- 
ject of  issuing  the  bonds  as  provided  in  Section  7;  but  no  compensa- 
tion shall  be  paid  to  either  of  such  officers  for  any  work  done  until 
after  the  bonds  have  been  voted.  All  disbursements  of  the  Commis- 
sion, including  compensation  to  its  officers,  agents  and  others  em- 
ployed by  it,  shall  come  out  of  the  proceeds  of  the  sale  of  said  bonds. 
The  duties  prescribed  for  the  Commission  in  Sections  3,  4,  ,5,  6  and 
8  hereof  shall  not  be  performed  until  and  unless  bonds  have  been 
voted  as  provided  in  Section  7. 

§  150.— HLevy  to  be  Made  by  Fiscal  Court — It  shall  be  the  duty  of 
the  Fiscal  Court  of  the  county  to  levy  annually,  upon  the  property 
subject  to  taxation  in  the  said  district,  a  sufficient  rate  to  pay  the  in- 
terest on  the  said  bonds  and  the  Sinking  Fund  provided  for  in  the 
order,  and  the  principal  of  said  bonds  when  the  same  shall  mature. 
It  shall  be  the  duty  of  the  sheriff  of  the  county  to  collect  such  levy 
and  to  turn  ove.r  the  same  to  the  County  Treasurer,  who  shall  apply 
the  funds  thus  collected  to  the  payment  of  the  interest  and  principal 
of  the  'bonds.  And  it  shall  also  be  the  duty  of  the  C'ounty  Treasurer, 
under  the  direction  of  the  County  Board  of  Education,  to  invest  the 
money  derived  from  the  Sinking  Fund  in  such  securities  as  may  be 
approved  by  said  County  Board  of  Education. 

§  151. — Title  of  Property  Vested  in  County  'Board  of  Education — 
The  title  to  all  property  acquired  by  said  Commission  shall  be  taken 
in  the  name  of  the  County  Board  of  Education,  and  all  money 
in  the  hands  of  the  Commission  after  defraying  any  liabilities  which 
have  been  incurred  by  the  Commission,  shall  be  paid  into  the  hands 
of  the  County  Treasurer,  to  be  used  as  a  Sinking  'Fund  for  the  bonds 


54  SCHOOL  LAWS  OF  KENTUCKY. 

hereinbefore  provided  for.  The  Commission  shall  pay  out  of  the 
proceeds  of  the  sale  of  said  bonds  all  valid  claims  for  damages  or 
otherwise  which  may  be  preferred  against  it,  and  neither  the  County 
nor  the  District  shall  be  liable  for  any  debt  which  the  Commission 
may  incur,  or  any  claim  for  damages  which  may  be  asserted  or 
awarded  against  the  'Commission. 

§  152. — County  Attorney  to  Advise  Board.— (All  legal  services  or 
advice  which  may  be  required  by  the  Commission  shall  be  rendered 
by  the  County  Attorney  and  his  assistants  without  additional  com- 
pensation. 

§  153. — County  Board  to  Canvass  Votes— It  shall  be  the  duty  of 
the  Fiscal  Court  to  canvass  the  votes  of  the  election  provided  for  in 
Section  7  hereof,  and  upon  its  appearing  that  two-thirds  of  the  voters 
in  the  district  voting  upon  the  question  shall  have  voted  in  favor  of 
the  issue  of  said  bonds,  shall  certify  this  fact  by  an  order  to  be  en- 
tered upon  the  order  book  containing  the  proceedings  of  the  Fiscal 
Court.  The  said  bonds  shall  contain  a  certificate  that  they  have 
been  duly  issued  under  the  provisions  of  this  act,  and  such  certificate 
shall  be  conclusive  evidence  that  all  steps  preliminary  to  their  valid 
issue  have  been  regularly  taken. 

§  154.— Tax  Levy  to  be  Continued— The  Fiscal  Court  shall  have 
power  and  authority,  and  it  shall  be  its  duty,  to  continue  to  levy  said 
tax  on  the  property  of  the  entire  district  which  voted  the  said  bonds, 
notwithstanding  any  part  thereof  may  be  subsequently  incorporated 
into  any  town,  city  or  other  municipal  subdivision. 


CHAPTER  XII. 
GRADED  COMMON  SCHOOLS. 

§  155.— Election  to  Establish — Petition  for— Limit  of  Tax — 
Boundary — New  Boundary — It  shall  be  the  duty  of  the  county  judge 
in  each  county  of  this  Commonwealth,  upon  a  written  petition  signed 
by  at  least  ten  legal  voters,  who  are  taxpayers  in  the  justice's  dis- 
trict, town  or  city  of  the  fifth  or  sixth  classes  in  his  county  to 
make  an  order  on  his  order  book,  at  the  next  regular  term  of  nis 
court  after  he  receives  said  petition,  fixing  the  boundary  of  any  pro- 
posed graded  common  school  'district,  as  agreed  on  by  the  county 
judge  and  the  petitioners,  and  directing  the  sheriff  or  other  officer, 
whose  duty  it  may  be  to  hold  the  election,  to  open  a  poll  in  said 
proposed  graded  common  school  district,  at  the  next  regular  State, 
town  or  city  election  to  be  held  therein,  or  on  any  other  day  fixed 
by  said  judge  in  said  order,  not  in  either  case  earlier  than  forty  days 
from  the  date  of  said  order,  for  the  purpose  of  taking  the  sense  of 
the  legal  white  voters  in  said  proposed  graded  common  school  dis- 


SCHOOL  LAWS  OF  KENTUCKY.  55 

trict  upon  the  proposition  whether  or  not  they  will  vote  an  annual 
tax,  in  any  sum  named  in  said  order,  not  exceeding  fifty  cents  on 
each  one  hundred  dollars  of  property  assessed  in  said  proposed 
graded  common  school  district,  town  or  city,  belonging  to  said  white 
voters  or  corporations,  or  a  poll  tax  in  any  sum  named  in  said  order, 
not  exceeding  one  dollar  and  fifty  cents  per  capita  on  each  white 
male  inhabitant  over  twenty-one  years  of  age  residing  in  said  pro- 
posed graded  common  school  district,  or  both  an  ad  valorem  and  a 
poll  tax,  if  so  stated  in  the  order,  for  the  purpose  of  maintaining  a 
graded  common  school  in  said  proposed  graded  common  school  dis- 
trict, and  for  erecting,  purchasing  or  repairing  suitable  buildings 
therefor  if  necessary.  Provided,  That  the  proposition  to  establish 
any  graded  common  school  district  and  school,  as  provided  for  in 
this  section,  is  approved  in  writing  on  the  petition  to  the  county 
judge  by  a  majority  of  the  trustees  of  any  common  school  district, 
included  wholly  or  partly  within  the  boundary  of  said  proposed 
graded  common  school  district,  and  approved  in  writing  on  said  pe- 
tition by  the  county  superintendent  of  common  schools;  that  no 
point  on  the  boundary  of  any  proposed  graded  common  school  dis- 
trict be  more  than  two  and  one-half  miles  from  the  site  of  its  pro- 
posed school  house,  and  that  the  location  and  site  of  said  school 
house  in  said  district  are  set  out  with  exactness  in  said  petition  to 
the  county  judge.  If,  at  any  time,  two  years  having  intervened 
since  such  graded  common  school  district  was  established,  it  be- 
comes 'desirable  to  change  the  boundary  of  the  same,  it  shall  be 
the  duty  of  the  county  judge,  upon  a  written  petition  signed  by  the 
person  or  persons  desiring  to  be  changed,  wlio  are,  under  this  law, 
legal  voters  in  the  school  district  or  districts  in  which  they  reside 
and  who  at  the  same  time  own  the  real  estate  sought  to  be  trans- 
ferred, to  make  an  order  on  his  order  book  at  the  next  regular  term 
of  this  court  after  receiving  said  petition  fixing  the  new  boundary  of 
the  said  graded  or  common  school  district  as  agreed  on  by  the 
county  judge  and  the  petitioners.  'Such  petition,  to  be  valid,  shall 
set  out  in  full  the  new  boundary  of  said  district,  which  shall  be 
recorded  as  in  case  of  the  original  -boundary,  and  a  copy  of  same 
shall  be  furnished  the  Board  of  Education  of  said  .graded  common 
school  district;  but  no  such  change  shall  be  made  unless  said  peti- 
tion be  approved  in  writing  by  a  majority  of  the  Board  of  Educa- 
tion of  each  district  concerned,  as  well  as  by  the  county  superin- 
tendent. The  provisions  of  this  act,  under  like  conditions  and  re- 
strictions, touching  change  of  boundary,  shall  apply  equally  to 
changes  in  boundary  of  districts  heretofore  established  by  local  or 
special  law,  which  incorporates  any  city,  town  or  village  as  one 
district,  as  described  in  Ky.  Stat.  section  4433.  (Ky.  St.  Sec.  4464 
as  amended  by  act  of  May  26,  1897.) 

§  156. — Conditions     for     Establishing     a     Graded  School     District 
Uniting   with    Schools   of    Adjacent    Counties — Amount    Tax    Voted— 


56  SCHOOL  LAWS  OF  KENTUCKY. 

Two  and  Half  Mile  Limit — May  Change  Boundaries — It  shall  be 
the  duty  of  the  county  judge  in  each  county  of  this  Commonwealth, 
upon  written  petition  signed  by  at  least  ten  legal  voters  who  are 
taxpayers  in  the  school  districts  of  his  county,  and  who  desire  to 
unite  with  school  districts  of  an  adjacent  county,  for  the  purpose 
of  establishing  a  graded  school,  to  make  an  order  on  the  order  book 
at  the  next  regular  term  of  this  court  after  he  receives  'Said  petition, 
fixing  the  boundary  of  any  proposed  graded  common  school  district, 
as  agreed  on  by  the  county  judges  and  petitioners  of  the  counties, 
out  of  which  said  school  district  is  to  be  joined,  and  directing  the 
sheriff  or  other  officer  of  each  county,  whose  duty  it  may  be  to  hold 
the  election,  to  open  a  poll  in  said  proposed  graded  common  school 
district  on  some  day  fixed  by  said  judges  in  said  order,  for  the 
purpose  of  taking  the  sense  of  the  legal  white  voters  in  said  pro- 
posed graded  common  school  district  upon  the  proposition  whether 
or  not  they  will  vote  an  annual  tax,  in  any  sum  named  in  said  order, 
not  exceeding  fifty  cents  on  each  one  hundred  dollars  of  property 
assessed  in  said  proposed  graded  common  school  district  belonging 
to  said  white  voters  or  corporations,  or  a  poll  tax  in  any  sum  named 
in  said  order,  not  exceeding  one  dollar  and  fifty  cents  per  capita  on 
each  white  male  inhabitant  over  twenty-one  years  of  age  residing  in 
said  proposed  graded  common  school  district,  or  both  an  ad  valorem 
and  a  poll  tax,  if  so  stated  in  the  order,  for  the  purpose  of  maintain- 
ing a  graded  common  school  in  said  proposed  graded  common  school 
district,  and  for  erecting,  purchasing  or  repairing  suitable  buildings 
therefor,  if  necessary:  Provided,  The  proposition  to  establish  any 
graded  common  school  district  and  school  as  provided  for  in  this 
section,  is  approved  in  writing  on  the  petition  to  the  county  judges  of 
each  county  represented  by  a  majority  of  the  trustees  of  any  common 
school  district,  included  wholly  or  partly  within  that  portion  of  the 
said  proposed  graded  common  school  district,  which  is  included  in 
his  county,  and  approved  in  writing  on  said  petition  by  the  county 
superintendent  of  common  schools  in  each  county;  that  no  point  on 
the  boundary  of  any  proposed  graded  common  school  district  be 
more  than  two  and  one-half  miles  from  the  site  of  its  proposed 
school  house,  and  that  the  location  and  site  of  said  school  house  in 
said  district  are  set  out  with  exactness  in  said  petition  to  the  county 
judges  of  the  counties  concerned.  If,  at  any  time,  two  years  having 
intervened  since  such  graded  common  school  district  was  estab- 
lished, it  becomes  desirable  to  change  the  boundary  of  same,  it  shall 
be  the  duty  of  the  county  judges  concerned,  upon  a  written  petition 
signed  by  the  person  or  persons  desiring  to  be  changed,  who  are, 
under  this  law,  legal  voters  in  the  school  district  or  'districts  in 
which  they  reside,  and  who  at  the  same  time  own  the  real  estate 
sought  to  be  transferred,  to  make  an  order  on  their  respective  order 
books  at  the  next  regular  term  of  their  court  after  receiving  said 
petition  fixing  the  new  boundary  of  the  said  graded  or  common 


SCHOOL  LAWS  OF  KENTUCKY.  57 

school  district,  as  agreed  on  by  the  county  judges  and  the  petition- 
ers. Such  petition,  to  be  valid,  shall  set  out  in  full  the  new  boun- 
dary of  said  district,  which  shall  be  recorded  as  in  case  of  the  orig- 
inal boundary,  and  a  copy  of  same  shall  be  furnished-  the  Board  of 
Education  of  said  graded  common  school  district,  but  no  such 
change  shall  be  made  unless  said  petition  be  approved  in  writing 
by  a  majority  of  the  Board  of  'Education  of  each  district  concerned, 
as  well  as  by  the  county  superintendent.  If  it  shall  appear  that  a 
majority  of  the  votes  cast  at  the  said  election  were  in  favor  of  said 
tax,  then  it  shall  be  the  duty  of  the  county  judge,  representing  the 
largest  division  of  said  district,  to  cause  the  certificate  of  the  Exam- 
ining Board,  showing  the  amount  of  tax  voted,  and  the  names  of 
the  six  trustees  elected,  to  'be  entered  of  record  in  the  order  book  of 
his  court,  and  to  give  a  copy  thereof  to  the  county  superintendent, 
who,  in  connection  with  the  trustees,  shall  organize  a  graded  com- 
mon school  in  said  district  in  acordance  with  the  provisions  of  this 
law.  The  district  so  established  shall  belong  to  the  county  in  -which 
the  largest  division  lies,  and  all  laws  now  in  force  for  the  governing 
of  graded  common  schools,  and  not  in  conflict  with  the  above  shall 
apply  to  graded  common  school  districts  established  under  this  act. 
(Ky.  Stat.  Sec.  4464a.) 

§  157. —  Limits  May  be  Extended — Disposition  jf  Property  \r\  An- 
nexed Territory — When  Change  to  Take  Effect — Power  of  Trustees — 
Any  graded  common  school  district  organized  and  existing  under  any 
special  act  of  the  Legislature,  and  any  such  district  that  has  been  or 
may  be  hereafter  organized  under  the  general  laws  of  this  State,  may, 
by  and  with  the  written  consent  of  a  majority  of  the  legal  voters  in 
the  territory  to  be  added,  extend  the  limits  of  such  district  so  as  to 
include  such  additional  territory  as  the  Board  of  Education  or  trustees 
of  such  district,  may  desire  to  take  within  the  limits  and  add  to  such 
district.  (Acts  of  1906)  Whenever  any  additional  territory  tshall  be 
added  to  any  graded  common  school  district  as  provided  by  section 
161  of  this  act,  the  school  superintendent  of  the  county  shall  make 
such  changes  in  the  common  school  district  or  districts  affected  there- 
by as  he  may  deem  proper  to  accommodate  the  pupils  of  such  com- 
mon school  districts.  If  the  territory  added  to  any  graded  common 
school  district  as  provided  by  this  act,  shall  include  any  common 
school  house  and  grounds,  the  title  thereto  shall  vest  in  the  Board  of 
Education,  or  trustees  of  such  graded  common  school  district,  who 
shall  have  the  right  to  either  utilize  the  same  for  school  purposes,  or 
sell  and  convey  same  at  such  price  as  they  may  determine,  and  use 
the  proceeds  for  school  purposes  in  said  district:  Provided,  however, 
If  the  taking  of  such  school  house  and  grounds  into  such  graded 
common  school  district  shall  necessitate  the  building  of  another  house 
for  any  common  school  district  affected  by  taking  the  same,  the  grad- 
ed common  school  district  taking  .such  property  shall  pay  to  the  com- 
mon school  district  in  which  such  new  house  is  to  be  built  the  pro- 


58  SCHOOL  LAWS  OF  KENTUCKY. 

portion  of  the  value  of  the  ho\ise  and  grounds  taken,  as  the  pupils 
left  in  the  common  school  district  affected  bear  to  the  whole  num- 
ber of  pupils  in  such  district  at  the  time  such  change  is  made.  When- 
ever a  change  shall  be  made  in  the  boundary  of  any  graded  common 
school  district  as  provided  by  this  act,  the  Board  of  Education  or  trus- 
tees of  such  district  shall  have  the  right  to  fix  a  date  after  such 
change  shall  have  been  determined  upon  when  such  change  shall  take 
effect,  and  until  that  time  the  government  of  the  schools  affected 
thereby  shall  remain  the  same  as  before,  and  in  the  meantime  such 
boards  of  education  or  trustees  and  the  county  school  superintendent 
shall  have  the  right  to  make  all  necessary  provision  for  the  accom- 
modation of  the  pupils  who  will  be  affected  by  such  change  at  the 
time  it  takes  effect.  (Acts  of  190G.)  (Ky.  Stat.,  Sec.  4464b.) 

§  158. — Duty  of  County  Clerk — It  shall  be  the  duty  of  the  county 
clerk  to  give  to  said  sheriff  or  other  officer  a  certified  copy  of  the 
order  of  the  judge  of  the  county  court,  as  it  appears  in  his  order  book, 
within  ten  days  after  said  order  is  made.  (Ky.  Stat.  Sec.  4465.) 

§  159.— Duty  of  Sheriff  or  Other  Officer  who  may  Hold  Election- 
It  shall  be  the  duty  of  said  sheriff  or  other  officer  to  have  the  order 
of  the  county  judge  published  in  some  weekly  or  daily  newspaper 
published  in  the  county  for  at  least  twenty  days  before  the  election, 
and  also  to  advertise  the  same  by  printed  or  written  hand-bills,  post- 
ed at  five  conspicuous  places  in  said  proposed  graded  common  school 
district  for  the  same  length  of  time;  but  if  there  be  no  daily  or  week- 
ly newspaper  published  in  the  county,  the  printed  or  written  hand- 
bills, posted  as  before  provided,  shall  be  sufficient  notice.  The  said 
sheriff  or  other  officer  shall  have  the  advertisement  inserted,  and 
notices  herein  provided  for  posted,  within  ten  days  after  he  receives 
the  order  of  the  county  judge  and  at  least  twenty  days  before  the 
election.  (Ky.  Stat.  Sec.  4466.) 

§  160. — Manner  and  Object  of  the  Election — The  said  sheriff  or 
other  officer  shall  appoint  a  judge  and  a  clerk  of  the  said  election, 
who  shall  take  and  subscribe  to  an  oath  for  the  faithful  performance 
of  his  duties.  On  the  day  set  apart  for  the  election,  the  officers 
shall  open  a  poll,  and  shall  propound  to  each  votor  who  may  vote  the 
question,  "Are  you  for  or  against  the  graded  common  school  tax?" 
and  his  vote  shall  be  recorded  for  or  against  the  same  as  he  may 
direct.  (Ky.  Stat.  Sec.  4467.) 

§  161. — If  Tax  Voted,  Duty  of  County  Judge,  County  Superintend- 
ent and  Trustees — If  it  shall  appear  that  a  majority  of  the  votes  cast 
at  the  said  election  were  in  favor  of  said  tax  then  it  shall  be  the  duty 
of  the  county  judge  to  cause  the  certificate  of  the  examining  board 
showing  the  amount  of  tax  voted,  and  the  names  of  the  five  trustees 
elected,  to  be  entered  of  record  in  the  order-book  of  his  court,  and 
to  give  a  copy  thereof  to  the  county  superintendent,  who,  in  connec- 
tion with  the  trustees,  shall  organize  a  graded  common  school  in  said 


S'OHOOiL  LAWS  OF  KENTUCKY.  59 

district  in  accordance  with  the  provisions  of  this  law.  (Ky.  Stat.  Sec. 
4468.) 

§  162.— -Board  of  Trustees— The  graded  common  school  districts, 
when  organized  as  aforesaid,  are  hereby  incorporated,  and  each  of 
them  shall  be  under  the  management  and  control  of  a  board  of  five 
trustees.  Tht  first  board  to  be  elected  at  the  same  time  and  place, 
and  by  the  same  persons  who  vote  at  the  election  for  the  tax,  as  pro- 
vided in  sections  129  and  132.  (Ky.  Stat.  Sec.  4464  and  4467)  of  this 
law;  and  the  five  persons  receiving  the  highest  number  of  votes  cast 
shall  be  declared  elected  trustees.  (Ky.  Stat.  Sec.  4469,  as  amended 
by  Chap.  37,  Acts  of  1904.) 

§  163. — Style,  Province  and  Power  Board  of  Trustees — The  per- 
sons so  elected  shall  be  named  and  styled  "The  Board  of  Trustees 
of  the  -  —  Graded  Common  School  District,"  and  in 

that  name  may  sue  and  be  sued,  contract  and  be  contracted  with, 
and  as  a  natural  person  may  acquire,  hold,  dispose  of  and  convey, 
by  purchase,  gift,  devise  or  otherwise,  any  real  or  personal  estate, 
goods  and  chattels,  necessary  and  convenient  for  the  use  and  pur- 
poses of  such  graded  common  school;  and  the  title  to  all  such  prop- 
erty shall  vest  in  said  board  of  trustees  and  their  successors  in  office, 
to  be  held  sacred  for  the  use  and  benefit  of  said  graded  common 
school  district.  (Ky.  Stat.  Sec.  4470.) 

§  164.— Classification  of  Trustees— Regular  Election  of — Va- 
cancy, How  Filled — Hereafter  the  board  of  trustees  of  a  graded  com- 
mon school  shall  consist  of  five  members:  Provided,  That  the  pres- 
ent members  of  any  board  may  serve  until  the  expiration  of  their 
respective  terms.  At  the  next  regular  election  of  trustees,  and 
thereafter  every  third  year,  there  shall  be  elected  but  one  member 
of  said  board  except  that  vacancies  occurring  in  said  board  may  be 
filled  at  any  regular  election  for  trustees.  (Ky.  Stat.  Sec.  4469a.) 
(This  section  is  an  act  of  March,  1904.) 

§  165.  Official  Oath  Required  of  Trustees— tSaid  trustees,  before 
entering  upon  the  discharge  of  their  duties,  shall  each  take  an  oath 
faithfully  to  perform  the  duties  required  of  them  under  this  law.  (Ky. 
Stat.  Sec.  4472.) 

§  166.  — By-Laws  and  Rules — Journals  and  Proceedings — Said 
trustees  may  adopt  such  by-laws  and  rules  for  the  government  of 
themselves  and  their  appointees  and  for  the  control,  government 
and  management  of  graded  common  schools  in  their  respective  dis- 
tricts, as  they  may  deem  necessary,  not  in  conflict  with  law,  and 
shall  keep  a  journal  of  their  proceedings,  which  shall  be  open  at  all 
times  to  the  inspection  of  any  citizen  of  the  graded  common  school 
district  in  which  he  or  she  may  reside.  (Ky.  Stat.  Sec.  4473.) 

§167. — Appointment  and  Qualification  of  Teachers — Course  of 
Study^Said  trustees  shall  appoint  and  employ  a  principal  and  all 
teachers,  and  fix  their  compensation,  and  may  suspend  or  dismiss 
them,  or  any  ot!ier  person  appointed  or  employed  by  them;  may 


60  SCHOOL  LAWiS  OF  KENTUCKY. 

prescribe  the  branches  (other  than  those  required  by  law  to  be 
taught  in  the  common  schools)  which  may  be  taught  in  said  graded 
common  schools,  and  prescribe  the  necessary  qualifications1,  and  the 
mode  of  examination  of  applicants  for  positions  as  superintendent, 
/principals,  or  teachers  in  said  graded  common  schools,  but  no  per- 
son shall  be  appointed  or  employed  as  superintendent,  principal  or 
teacher  in  any  graded  common  school  organized  under  the  provis- 
ions of  this  law  who  is  not  a  person  of  good  moral  character,  and 
who  has  not  a  county  certificate,  as  required  by  the  common  school 
law  of  Kentucky.  Each  teacher  in  a  graded  common  school,  except 
in  cities  of  the  first,  second,  third  and  fourth  classes-,  shall  'be  re- 
quired to  keep  a  register  as  prescribed  for  teachers  of  other  common 
schools;  which  register  shall  be  left  with  the  president  of  the  board 
of  trustees,  who  shall  be  responsible  for  it,  and  return  it  to  the 
teacher  at  the  opening  of  the  next  school  term.  From  the  registers 
in  the  hands  of  the  several  teachers  in  the  graded  common  school, 
and  the  record  kept  by  the  board  of  trustees,  the  principal  teacher 
and  the  president  of  the  board  of  trustes  shall,  within  ten  days  after 
the  close  of  the  school,  make  a  report  to  the  county  superintendent, 
being  provided  with  blanks  therefor  by  the  superintendent.  (Ky. 
Stat.  Sec.  4474.) 

§  168. — Secretary  of  City  School  Beard  Must  Report — It  shall  be 
the  duty  of  each  secretary  of  the  board  of  trustees  of  schools,  main- 
tained wholly  or  in  part  by  the  State,  in  cities  of  the  first,  second, 
third  and  fourth  classes,  to  report  annually,  on  or  before  the  first  of 
September,  to  the  Superintendent  of  Public  Instruction,  such  facts  as 
will  enable  him,  in  his  reports  to  the  General  Assembly,  to  give  the 
important  school  statistics  of  such  cities  in  connection  with  those  of 
the  county  in  which  they  are  situated.  The  secretary  shall  be  supplied 
by  the  Superintendent  of  Public  Instruction  with  blanks  therefor. 
(Ky.  Stat.  Sec.  4475.) 

§  169. — President  and  Secretary  of  Board — The  said  trustees  shall 
elect  one  of  their  number  president,  who  shall  preside  at  their  meet- 
ings, and  perform  such  other  duties  as  may  be  required  of  him,  and 
they  may  elect  a  secretary  and  prescribe  his  duties.  The  president 
and  secretary,  or  either  of  them,  shall  make  such  reports  to  the 
county  superintendent  as  are  required  of  common  school  trustees,  and 
shall  publish  annually  such  information  as  will  show  the  financial 
condition  of  the  graded  common  school  district,  and  such  other  facts 
as  they  may  deem  beneficial  to  the  cause  of  education  in  their  respec- 
tive districts.  (Ky.  Stat.  Sec.  4476.) 

§  170.— Free  Tuition  to  Resident  White  Pupil  Children— AH  white 
children  within  the  common  school  age  residing  in  any  graded  com- 
mon school  district  shall  have  the  right  of  free  admission  to  the  grad- 
ed common  school  thereof.  (Ky.  Stat.  Sec.  4477.) 

§  171. — Terms  of  Admission  of  Other  Pupils — The  trustees  may 
admit  into  said  graded  common  school  children  who  do  not  reside 


SCHOOL  LAWS  OF  KENTUCKY.  61 

within  the  said  district,  or  persons  over  the  common  school  age,  on 
such  terms  and  conditions,  and  upon  the  payment  of  such  tuition  and 
other  fees  as  they  may  deem  proper.  (Ky.  Stat.  Sec.  4478.) 

§  172. — Treasurer,  His  Duties  and  Responsibilities— -The  said 
board  of  trustees  shall  appoint  a  treasurer  for  said  graded  common 
school  district,  who,  before  entering  upon  the  duties  of  his  office  shall, 
in  the  county  court,  execute  bond,  with  sureties  approved  by  the 
court,  payable  to  the  Commonwealth  of  Kentucky,  for  the  use  and 
benefit  of  the  trustees  of  said  graded  common  school  district,  condi- 
tioned for  the  faithful  performance  of  his  duties  under  this1  article. 
All  funds  arising  from  the  sale  of  bonds  under  this  law,  and 
all  funds  collected  for  the  purpose  of  defraying  the  annual  expenses 
of  said  schools,  and  for  the  payment  of  the  principal  and  interest 
of  said  bonds,  or  for  any  other  purposes,  shall  go  into  the  hands  of 
said  treasurer,  who  shall,  together  with  his  sureties,  be  responsible 
therefor.  Said  treasurer  shall  pay  out  said  funds  only  for  the  pur- 
poses for  which  they  were  respectively  collected,  upon  the  written 
order  of  (the  president  and  secretary  of  said  board  of  trustees.  The 
board  of  trustees  shall  pay  its  treasurer  such  sum  for  his  services 
as  shall  be  reasonable  and  just.  (Ky.  Stat.  Sec.  4479.) 

§  173. — Payment  of  Pro  Rata  of  the  State  and  the  County  Funds. 
—The  county  superintendent  of  common  schools  shall,  annually,  pay 
to  the  treasurer  of  any  graded  'Common  school  district  that  may  be 
organized  and  operating  in  his  county,  in  conformity  with  this  article, 
the  pro  rata  portion  of  the  State  and  county  fund  due  the  said  dis- 
trict, according  to  the  number  of  pupil  children  therein,  as  soon  as 
the  sam'e  shall  come  into  his  hands;  or,  if  desired  by  the  trustees, 
he  may  pay  in  January  the  full  amount  due  said  district.  (Ky.  Stat. 
Sec.  4480.) 

§  174. — Provisions  of  Grounds  and  Buildings — Issuance  of  Bonds 
— Sinking  Fund — Said  board  of  trustees  shall  provide  funds  for  pur- 
chasing suitable  grounds  and  buildings,  or  for  erecting  or  repairing 
suitable  buildings,  and  for  other  expenses  needful  in  conducting  a 
good  graded  common  school  in  their  graded  common  school  district: 
and  to  this  end  they  may  use  such  part  of  the  proceeds  of  the  said 
tax  as  they  deem  necessary,  and  it  shall  be  the  duty  of  said  board 
of  trustees,  and  if,  in  their  opinion,  it  be  necessary,  and  they  are 
hereby  authorized  and  empowered  to  order  an  election  and  submit 
to  the  voters  of  their  respective  graded  common  school  districts  the 
question  whether  or  not  the  trustees  thereof  shall  issue  bonds  of 
their  respective  graded  common  school  districts,  in  any  amount  not 
exceeding  the  limit  provided  by  section  (157)  one  hundred  and  fifty- 
seven  and  (158)  one  hundred  and  fifty-eight  of  the  present  Constitu- 
tion of  this  State,  for  the  purpose  of  providing  suitable  grounds, 
school  buildings,  furniture  and  apparatus  for  their  respective  graded 
common  school  districts:  Provided,  That  due  notice  of  said  election 
shall  be  given  by  the  trustees  of  their  respective  districts,  by  written 


62  SC'HOOOL,  LAWS  OF  KENTUCKY, 

or  printed  posters  not  less  than  one  foot  square,  signed  by  the  trus- 
tees of  their  respective  districts,  stating  the  time,  place  and  hours 
of  said  election,  posted  at  no  less  than  six  public,  conspicuous  places 
in  the  district  for  ten  days  previous  to  the  day  of  the  election,  and 
by  one  insertion  thereof  in  the  newspaper,  if  any,  published  in  said 
district.  The  board  shall  appoint  two  judges,  a  clerk  and  a  sheriff  to 
hold  said  election,  who  shall  be  first  duly  sworn  before  acting,  and 
shall  be  housekeepers  and  taxpayers,  resident  in  the  district  for 
which  they  are  appointed,  and  one  of  the  judges  shall  ask  of  each 
voter:  "Are  you  in  favor  of  the  issue  of  bonds  by  the  trustees  of 
the  graded  common  schools  of  this  district,  for  the  purpose  of  pro- 
viding suitable  grounds,  school  buildings,  furniture  and  apparatus  for 
this  district?"  and  the  clerk  shall  record  the  answer,  "Yes"  or  "No," 
as  given  by  the  voter.  If  two-thirds  of  the  voters  voting  at  said  elec- 
tion vote  in  favor  of  the  issue  of  the  bonds,  then  the  trustees  of 
such  graded  common  school  district  may  issue  the  bonds  of  said 
district  for  an  amount  not  exceeding  the  constitutional  limit  and  in 
conformity  with  the  Constitution  of  this  State.  And,  for  the  purpose 
of  meeting  the  interest  on  such  bonds  and  creating  a  sinking  fund 
for  the  payment  of  the  principal  thereof,  and  the  boards  of  trustees 
of  their  respective  districts,  where  the  issue  of  such  bond  is  voted, 
are  authorized  and  empowered  to  levy  annually  a  tax  in  addition  to 
that  already  voted,  which  shall  not  increase  the  tax  rate  for  school 
purposes  in  their  respective  districts  to  more  than  seventy-five  cents 
on  each  $100  worth  of  taxable  property  within  the  district.  The  said 
bonds  may  be  of  any  denomination,  in  even  hundreds,  not  exceeding 
$1,000  each,  running,  not  exceeding  thirty  years,  and  bearing  interest 
at  a  rate  not  exceeding  six  per  cent,  per  annum,  payable  annually  or 
semi-annually,  as  expressed  in  said  bonds,  payable  to  bearer,  with 
interest  coupon?  attached.  They  shall  be  signed  by  the  president  of 
said  board  ot  trustees  and  attested  by  the  secretary  thereof,  shall 
pass  by  delivery,  and  shall  be  redeemable  at  the  option  of  said  board. 
Said  bonds  shall  be  sold  by  the  trustees,  or  their  authorized  agent, 
for  the  highest  price  obtainable,  but  not  for  less  than  their  face  par 
value  and  accrued  interest,  and  the  proceeds  paid  over  to  the  treas- 
urer and  applied  to  the  uses  and  purposes  contemplated  in  this  law. 
(Ky.  Stat.  Sec.  4481.) 

§  175.— Provisions  of  Section  4481  Applied  to  all  Districts — All  the 
rights  and  powers  as  to  issuing  bonds  and  levying  of  taxes  to  pay 
the  principal  and  interest  of  same  mentioned  in  section  12G  as 
amended  by  the  act  of  the  General  Assembly,  approved  March  twelfth, 
one  thousand  eight  hundred  and  ninety-six,  Acts  1896,  chapter  4, 
and  for  the  purpose  therein  mentioned,  are  hereby  applied  to  and 
conferred  upon  all  graded  common  schools,  maintained  by  any  city 
of  the  fifth  or  sixth  class,  or  any  town  or  school  district  organized 
by  virtue  of  a  special  act  of  the  General  Assembly.  The  election  to 
take  the  sense  of  the  voters  as  to  issuing  of  said  bonds  and  levying 


SCHOOL  LAWS  OF  KEiNTUCKY.  63 

said  taxes  to  be  held  by  the  board  of  trustees  as  provided  in  said  act 
of  one  thousand  eight  hundred  and  ninety-six.  (This  section  is  an 
act  of  March  21,  1902.)  (Ky.  Stat.  Sec.  4481a.) 

§  176.— Levy  of  Annual  Property  Tax  and  Capitation  Tax — Pro- 
visions for  Sinking  Fund— The  board  of  trustees  of  any  graded  com- 
mon school  district  where  the  tax  has  been  voted  shall  cause  to  be 
levied  and  collected  an  annual  ad  valorem  tax,  in  any  sum  not  ex- 
ceeding the  amount  voted  for  in  said  district  under  the  provisions 
of  this  law,  upon  each  one  hundred  dollars  worth  of  property  of 
every  kind  and  character,  having  value  and  owned  by  any  white 
person,  company  or  corporation,  subject  to  taxation  within  the  limits, 
of  said  graded  common  school  district;  or  shall  cause  to  be  levied 
annually  a  poll  tax  in  any  sum  not  exceeding  the  amount  voted  in 
said  district  under  this  law,  on  each  white  male  citizen  residing 
within  the  limits  of  any  graded  common  school  district,  over  twenty- 
one  years  of  age,  or  both  an  ad  valorem  and  a  poll  tax,  if  so  voted 
at  the  said  election.  Provided,  no  levy  shall  be  made  under  the  pro- 
visions of  this  law  later  than  the  close  of  the  fiscal  year  in  which 
the  last  county  assessment  shall  have  been  made.  The  board  of 
trustees  shall,  out  of  collections  under  each  levy,  by  order,  set  apart 
out  of  the  collection  of  each  levy  a  sufficient  amount  to  pay  interest 
for  the  year  on  any  bond  issued,  and  the  treasurer  shall  pay  same; 
and,  in  addition,  shall,  out  of  the  several  levies,  until  entire  payment 
of  such  bonds,  set  aside  a  sufficient  amount  as  a  sinking  fund,  when 
aggregated,  to  meet  the  principal  of  the  bonds  at  maturity,  which 
sinking  fund  shall  be  kept  loaned,  with  ample  security,  or  profitably 
invested,  and  shall  be  used  for  no  other  purpose  than  the  payment 
of  principal  of  such  bonds.  But  if  the  board  so  order,  the  sinking 
fund,  or  any  part  thereof,  may  be  used  in  the  purchase  of  such  bonds 
before  maturity,  except  a  sufficiency  to  pay  interest  on  the  outstand- 
ing bonds.  (Ky.  Stat.  Sec.  4482.) 

§  177. — Assessment,  Collection,  etc.,  Governed  by  Section  4443,  Ky. 
Statute — The  assessment  of  property,  the  collection  of  taxes,  powers 
and  duties  of  trustees  and  other  officers  in  graded  common  school 
districts,  shall  be  governed  by  section  4443.  (Ky.  Stat.  Sec.  4483.) 

§  178 — Title  to  all  Common  School  Property  Vested  in — Board 
of  Trustees — The  title  to  all  common  school  and  all  county  seminary 
property  in  the  limits  of  any  graded  common  school  district,  organ- 
ized under  the  provisions  of  this  law,  shall  be,  and  the  same  is  hereby, 
vested  in  the  board  of  trustees  of  said  graded  common  school  dis- 
trict, and  they  are  hereby  authorized  and  empowered  to  sell  and  con- 
vey the  same,  or  to  use  the  same  for  graded  common  school  pur- 
poses, as  to  them  shall  seem  best;  but  when  county  seminary  prop- 
erty shall  be*  appropriated,  all  pupils  of  the  county  shall  be  permitted 
to  attend  such  school  at  such  reduced  tuition  from  what  is  ordinary 
as  shall  be  equitable,  and  make  good  to  them  their  interest  in  said 
seminary  property.  It  is  further  provided  that  when  any  graded 


64  SCHOOL  LAWS  OF  KENTUCKY. 

school  district  shall  embrace  any  school  property  owned  or  held  in 
trust  by  trustees,  said  trustees,  by  a  majority  vote  of  their  board,  are 
hereby  authorized  and  empowered  to  convey  their  school  property 
to  the  trustees  of  the  graded  school  at  such  price  and  on  such  con- 
ditions as  may  be  agreed  upon  by  the  trustees  of  both  parties.  (Ky. 
Stat  Sec.  4484.) 

§178a. — When  Trustees  Appoint  Officers  of  Election — Their  Duties 
— After  the  first  election  provided  for  in  this  law,  shall  have  been 
held,  the  tax  voted,  trustees  elected,  and  the  graded  common  school 
organized,  the  board  of  trustees  shall  appoint  the  officers  to  hold  all 
other  elections,  which  officers  shall  take  an  oath  to  be  under  the 
same  responsibilities  and  subject  to  the  same  penalties  as  the  offi- 
cers holding  State  or  county  elections,  only  they  shall  make  returns 
of  poll-books,  and  certify  the  result  of  the  elections  to  the  board  of 
trustees,  who  shall  examine  and  compare  the  same,  and  issue  certi- 
ficates to  the  persons  found  to  be  elected.  (Ky.  Stat.  Sec.  4485.) 

§  179. — Proposition  Failing,  a  Vote  may  be  had  again  in  Tw« 
Years — If  it  be  found  that  a  majority  of  the  votes  cast  upon  the  said 
proposition  in  the  election  provided  for  in  section  128,  (4464  Ky. 
Stat.)  to  be  cast  against  said  tax,  then  the  said  tax  shall  not  be 
levied  or  collected.  But  the  question  of  voting  the  said  tax  may, 
after  the  expiration  of  two  years  from  the  first  or  any  subsequent 
vote,  be  again  submitted  to  the  legal  voters  of  said  district  upon 
the  conditions  and  in  the  manner  prescribed  for  the  first  vote.  (Ky. 
Stat.  Sec.  4486.) 

§  180.— Colored  Graded  Free  Schools — The  provisions  of  this  law 
shall  apply  to  such  graded  common  school  districts  as  may  be  ap- 
plied for  and  organized  by  the  colored  people  of  this  Commonwealth, 
and  such  districts  and  graded  schools  may  be  organized  by  them,  in 
all  cases,  the  same  as  the  white  districts  herein  provided  for  are 
organized.  In  that  case  the  word  "colored"  is  to  be  substituted  for 
the  word  "white"  whenever  it  has  occurred  heretofore  in  this  law. 
No  white  person  shall  vote  at  any  election  held  by  the  colored  people 
under  the  provisions  of  this  law;  nor  shall  the  property  of  any  white 
person  be  taxed  to  maintain  any  graded  common  school  for  colored 
children;  nor  shall  the  property  of  a  colored  person  be  taxed  for  tho 
benefit  of  any  graded  common  school1  for  white  children;  nor  shall 
any  white  child  attend  any  graded  common  school  for  colored  chil- 
dren organized  under  the  provisions  of  this  law;  nor  shall  any  color- 
ed child  attend  any  graded  common  school  for  white  children.  (Ky. 
Stat.  Sec.  4487.) 

§  181. — Fifth  and  Sixth  Class  Cities,  or  School  Organized  by  Spe- 
cial Act,  May  Accept  Provisions,  etc.— (The  provisions  of  this  article 
shall  not  affect  or  in  any  way  interfere  with  any  graded  common 
school  or  schools  maintained  by  any  city  of  the  fifth  or  sixth  class, 
or  any  town  or  school  district  organized  by  virtue  of  a  special  act 
of  the  General  Assembly,  unless  the  said  city,  town  or  district  shall, 


SCHOOL  LAWS  OF  KENTUCKY.  65 

by  a  majority  vote,  endorsed  by  the  recorded  action  of  the  board  of 
trustees,  accept  the  provisions  of  this  article  for  the  government  of 
.said  school  or  schools  in  any  election  held  under  the  written  order 
of  the  county  judge,  or  the  mayor  of  said  city,  in  the  manner  and 
under  the  restrictions  of  sections  128,  129,  and  130,  in  which  election 
nothing  but  the  matter  of  such  acceptance  shall  be  determined;  and 
the  only  question  propounded  to  each  voter  shall  be:  "Are  you  in 
favor  of  accepting  the  provisions  of  the  general  graded  common 
school  law?"  In  the  event  of  such  majority  vote  in  favor  of  accept- 
ing the  said  provisions,  and  an  endorsement  by  the  board  of  trus- 
tees, the  graded  common  school  or  schools  of  the  said  city,  tcwn  or 
district,  shall  thereafter  be  governed  by  and  subject  to  all  the  pre- 
ceding provisions  for  graded  common  schools.  (Ky.  Stat.  Sec.  4488.) 
§  182. — First,  Second,  Third  and  Fourth  Class  Cities — Provisions 
— The  provisions  of  this  article  shall  not  affect,  or  in  any  way  inter- 
fere with,  any  system  of  graded  common  schools  established  and 
maintained  by  any  city  of  the  first,  second,  third  or  fourth  class, 
by  virtue  of  a  general  or  special  act  of  the  General  Assembly.  Any 
city  of  the  first,  second,  third  or  fourth  class  may  accept  the  provis- 
ions of  this  law,  and  establish  graded  common  schools,  subject  to 
all  the  provisions  thereof,  except  as  especially  hereinafter  provided 
in  this  section,  by  a  majority  vote,  indorsed  by  the  recorded  action 
of  the  board  of  trustees,  at  an  election  held  in  the  manner  prescribed 
in  section  128.  In  the  event  of  a  majority  vote  in  favor  of  accepting 
the  said  provisions,  and  an  indorsement  by  the  board  of  trustees, 
the  following  provisions  shall  apply  to  the  graded  common  schools 
of  such  city  of  the  first,  second,  third  or  fourth  class1  instead  of  the  cor- 
responding provisions  in  the  preceding  section  of  this  article:  (1.) 
An  order  for  the  holding  of  an  election,  as  first  provided  in  section 
128,  may  be  made  by  the  mayor,  and  the  said  mayor  shall,  in  such 
case,  perform  all  the  duties  required  of  the  county  judge  in  carrying 
into  effect  the  provisions  of  the  law;  the  number  of  petitioners  shall 
be  one  hundred  instead  of  ten;  the  election  shall  be  held  by  the  offi- 
cer whose  duty  it  is  to  hold  other  city  elections;  the  approval  of  the 
county  superintendent  shall  not  be  required  in  the  petition;  and  the 
location  and  site  of  any  proposed  school  house  shall  not  be  required 
to  be  set  out  in  the  said  petition.  (2.)  The  maximum  limit  for  the 
cost  of  any  school  building  shall  be  one  hundred  thousand  dollars 
($100,000),  instead  of  fifteen  thousand  dollars  ($15,000).  (3.)  The  num- 
ber, name  and  style  of  the  board  of  trustees  shall  be  determined  by 
themselves  instead  of  the  number  limited  to  five;  but  the  number  of 
trustees  in  no  case  shall  exceed  one  more  than  the  number  of  wards 
in  the  city.  (4)  The  length  of  the  term,  the  order  of  retirement,  the 
date  of  election  of  trustees,  may  be  fixed  by  the  charter  of  said  city, 
but  the  term  of  office  shall  in  no  case  exceed  four  years.  (5.)  Prin- 
cipals and  teachers  shall  not  be  required  to  hold  county  certificates. 
(6.)  The  president  of  the  board  of  trustees  may  be  elected  from  the 
S.  L.  3 


66  SCHOOL  LAWS  OF  KENTUCKY. 

city-at-large,  if  the  said  board  shall  so  determine.  (7.)  The  Superin- 
tendent of  Public  Instruction  shall  pay  directly  to  the  treasurer  of 
the  city  graded  common  schools  the  pro  rata  portion  of  school  funds 
due  said  city  from  the  State.  (8.)  The  aggregate  amount  of  the  out- 
standing bonds  issued  by  the  board  of  trustees  shall1  not,  at  any  given 
time,  exceed  2  per  cent,  of  the  taxable  property  of  the  city,  instead 
of  the  bonds  so  issued  being  limited  in  amount  to  fifteen  thousand 
dollars  ($15,000.)  (9.)  The  assessment  of  property  made  by  the  city 
assessor,  and  equalized  according  to  law,  shall  be  made  the  basis  for 
collection  of  city  taxes  for  school  purposes  of  every  kind,  and  the 
said  taxes  shall  be  collected  by  the  city  collector  at  the  time  of  col- 
lecting other  city  taxes,  and  he  shall  be  responsible  on  his  official 
bond  for  the  same.  (Ky.  Stat.  Sec.  4489.) 

§  183. — Tax  to  Complete  Buildings  and  Pay  Old  Debt — The  board 
of  trustees  of  graded  schools  maintained  by  taxation,  and  designed  for 
the  education  of  children  residing  within  certain  boundaries,  may,  in 
case  where  the  tax  now  imposed  in  such  districts  is  not  sufficient  to 
pay  for  the  school  buildings  which  have  heretofore  been  completed 
but  not  paid  for,  issue  bonds  of  such  districts  for  an  amount  equal 
to  the  sum  due  for  completing  the  school  buildings,  and  impose  an- 
nually a  tax  of  not  exceeding  twenty-five  cents  on  each  $100  worth  of 
property  in  the  district,  in  addition  to  the  tax  now  imposed  in  such 
districts,  to  pay  the  bonds  so  issued  and  the  interest  thereon;  and 
the  foregoing  provisions  shall  apply  as  well  to  like  schools  under  tne 
authority  and  management  of  a  board  of  education  or  other  authority 
of  a  district,  town  or  city;  and  in  cases  where  bonds  were  issued  prior 
to  the  adoption  of  the  present  Constitution,  by  authority  of  special 
laws,  and  have  matured  without  being  paid,  the  board  of  trustees, 
board  of  education  or  other  authority  of  a  town,  city  or  district, 
may  issue  the  bonds  of  the  district,  town  or  city  to  an  amount  equal 
to  the  sum  still  due  and  unpaid,  under  the  conditions  and  restric- 
tions herein  imposed.  (Ky.  Stat.,  Sec.  4490.) 

§  184.— Interest  on  Bonds  Limited— The  bonds  so  issued  shall 
bear  not  exceeding  six  per  cent,  interest  per  annum,  and  shall  be 
issued  by  a  majority  of  the  trustees,  and  in  such  manner  as  they 
may  deem  best,  and  shall  be  payable  at  such  times  and  at  such  places 
and  in  such  amounts  as  they  may  determine;  and  the  tax  to  pay  the 
bonds  and  interest  shall  be  imposed  by  an  order  signed  by  a  majority 
of  the  trustees,  specifying  the  annual  tax  to  be  imposed.  (Ky.  Stat., 
Sec.  4491.) 

§  185. — Assessment  and  Collection  Governed  by  Sec.  4443  Ky. 
Statute — The  tax  imposed  shall  be  paid  on  the  assessed  value  of  the 
property  in  the  district  as  ascertained  by  the  assessment  made  for 
State  and  county  purposes  next  preceding  the  collection  of  the  tax, 
and  shall  be  collected  in  the  same  manner  as  is  provided  for  the  col- 
lection of  district  taxes  by  section  4443,  Kentucky  Statutes,  and  the 
same  penalties  shall  be  added  for  failure  to  pay  the  same;  and  the 


SCHOOL  LAWS  OF  KENTUCKY.  67 

same  compensation  shall  be  paid  for  its  collection  as  is  paid  for  col- 
lecting State  revenue.  (Ky.  Stat,  Sec.  4492.) 

§  186.-— Tax  to  Pay  Bonds  and  Interest— When  Levied— The  board 
of  trustees  shall  annually,  on  the  second  Monday  in  May,  impose  the 
tax,  and  when  paid  the  treasurer  of  the  board  shall  at  once  apply  the 
same  to  the  payment  of  the  bonds  and  interest  as  required  by  the 
board.  When  the  bonds  and  interest  are  paid  the  tax  shall  not  be 
levied  or  collected,  nor  shall  the  trustees,  or  any  of  them,  receive 
any  compensation  for  their  services  under  this  law.  (Ky.  Stat.,  Sec. 
4493.) 

§  187. — Who  to  Sign  Bonds — Settlement  of  Accounts — The  bonds 
herein  provided  for  shall  be  signed  by  the  chairman  of  the  board  of 
trustees  of  the  graded  school  and  countersigned  by  the  secretary.  The 
collecting  officer  and  the  treasurer  of  the  board  of  trustees  shall  set- 
tle their  accounts  with  the  board  on  or  before  the  first  Monday  in 
January  each  year,  and  the  board  may  require  them  to  state  their 
accounts  as  often  as  once  every  three  months.  (Ky.  Stat.,  Sec. 
4494.) 

§  188. — Special  Charter  Schools — Tax  Levy — That  those  graded 
schools  in  this  Commonwealth,  operating  under  special  charters 
granted  by  the  General  Assembly,  and  known  as  Special  Act  Schools, 
which  do  not  now  levy  as  much  as  fifty  cents  on  each  one  hundred 
dollars  worth  of  taxable  property  within  their  respective  districts, 
shall  have  the  power,  and  their  charters  are  hereby  so  amended  so 
as  to  empower  them  to  levy  any  rate  of  tax  for  operating  expenses 
not  to  exceed  fifty  cents  on  each  one  hundred  dollars  worth  of  tax- 
able property  within  their  respective  districts  and  all  other  graded 
schools  of  this  Commonwealth,  and  that  their  Boards  of  Education 
be,  and  same  are  hereby  authorized  to  exercise  this  power  when  in 
their  judgment,  the  demands  of  the  school  make  it  expedient. 

This  law  shall  be  in  force  and  effect  upon  its  passage  and  ap- 
proval by  the  Governor.  All  laws  and  parts  of  laws  in  conflict  with 
the  provisions  of  this  act,  are  hereby  repealed.  (Acts  of  1912.) 


CHAPTER  XIII. 
TEACHER'S   INSTITUTE. 

§  189. — Organization — Object — Time — Programme  and  Syllabus — 
Penalty — It  shall  be  the  duty  of  each  county  superintendent  to  organ- 
ize, and  cause  to  be  held  annually,  a  teacher's  institute  for  the  nor- 
mal instruction,  improvement  and  better  qualification  of  the  teachers 
in  his  county.  The  institute  shall  occupy  not  less  than  five  nor  more 
than  ten  days,  and  shall  be  held  between  the  first  day  of  July  and  the 
first  day  of  November.  The  Superintendent  of  Public  Instruction 


68  SCHOOL  LAWS  OF  KENTUCKY. 

and  the  two  professional  members  of  the  State  Board  of  Examiners 
shall  .constitute  a  committee  on  programme  to  prepare  and  place  in 
the  hands  of  each  county  superintendent,  not  later  than  June  first 
of  each  year,  a  programme  of  the  work  of  the  institute,  and  a  syl- 
labus of  each  -subject  of  instruction.  The  programme  and  syllabus 
shall  be  furnished  each  member  of  the  institute,  and  shall  be  faith- 
fully and  efficiently  carried  out.  Any  county  superintendent,  who 
shall  wilfully  fail  or  neglect  to  hold  the  annual  institute  as  prescribed 
in  this  article,  shall  be  fined  fifty  dollars.  (Ky.  Stat.  Sec.  4507.) 

§  190. — One  or  more  Able  and  Experienced  Conductors  to  be  Em- 
ployed— Each  county  superintendent  of  the  State  may  employ  one 
or  more  able  and  experienced  institute  instructors  to  direct  each  in- 
stitute held  by  him,  and  to  instruct  the  teachers  thereof.  (Ky.  Stat., 
Sec.  4508.) 

§  191. — Convention  of  Institute  Conductors — Object  of — Beginning 
in  1894,  the  Superintendent  of  Public  Instruction  may,  annually,  call 
all  the  professional  institute  workers  of  the  State  into  institute  con- 
vention at  the  State  Capitol,  during  the  month  of  May,  for  the  pur- 
pose of  better  organization  and  more  effective  management  of  in- 
stitute work.  At  the  said  institute  convention,  the  whole  subject  of 
institute  work  shall  be  thoroughly  discussed  and  the  best  plans  for 
prosecuting  it  throughout  the  State  shall  be  adopted  and  used  in  all 
counties.  The  said  institute  convention  may  suggest  to  the  commit- 
tee on  programme,  principles,  subjects  and  methods  for  incorporation 
in  the  programme  syllabus.  (Ky.  Stat.,  Sec.  4509.) 

§  192. — Who  Must  Attend  Institute — Penalty  for  Non-Attendance. 
etc. — Sickness  and  Disability — Every  teacher  of  a  common  school,  in- 
cluding teachers  of  the  graded  common  schools  in  cities  of  the.  fifth 
and  sixth  classes,  who  hold  a  State  diploma,  State  certificate  or 
county  certificate,  or  who  contemplate  applying  for  a  certificate  of 
qualification  to  teach  in  the  common  schools,  shall  attend  the  full 
session  of  the  institute  in  his  home  county,  unless  he  is  teaching  in 
another  county  in  which  the  institute  is  yet  to  be  held,  or  has  at- 
tended the  institute  of  a  county  in  which  he  has  a  contract  to  teach. 
If  teaching  in  a  county  other  than  his  home  county,  whose  institute 
is  yet  to  be  held,  he  must  attend  the  full  session  of  the  latter.  The 
county  superintendent  shall  revoke  the  certificate  of  any  teacher  who 
shall  fail  or  neglect  to  attend  the  full  session  of  the  institute,  unless 
the  superintendent  shall  be  fully  satisfied  that  such  failure  has 
been  caused  by  actual  sickness  or  other  disability.  After  the  county 
institute  has  been  held,  it  shall  be  unlawful  to  grant  any  person  a 
certificate  to  teach  at  any  time  during  that  school  year,  unless  the 
said  person  shall  have  attended  the  full  session  of  the  institute  of 
that  or  some  other  county  during  that  school  year,  or  unless  the 
county  superintendent  shall  be  fully  satisfied  that  the  failure  to  at- 
tend the  institute  has  been  caused  by  sickness  or  other  disability. 
During  the  institute,  there  shall  be  a  suspension  of  all  the  schools 


SCHOOL  LAWS  OF  KENTUCKY.  69 

as  are  in  session,  but  no  reduction  of  the  teachers'  salary  shall  be 
made  on  account  of  such  suspension.  The  time  of  actual  attendance 
upon  the  institute  in  days  and  parts  of  days  shall  be  accredited  to 
the  teachers,  if  institute  be  held  during  the  session  of  his  school.  At 
the  close  of  the  institute,  the  county  superintendent  shall  give  to 
each  teacher  or  other  person  in  attendance  a  certificate  of  the  num- 
ber of  days  and  parts  of  days  that  the  teacher  or  other  person  has 
attended,  which  certificate  of  attendance  shall  be  filed  by  the  teacher 
with  the  chairman  of  the  division  board  of  education  of  the  district, 
who  shall  make  report  thereof  to  the  county  superintendent  at  the 
time  of  reporting  the  school."  (Ky.  Stat.,  Sec.  4510  as  amended 
Chap.  35,  Acts  1906.) 

§  193. — Joint  Institutes — Two  Conductors  to  be  Engaged — Record 
— Any  adjoining  counties,  not  exceeding  four  in  number,  may  com- 
bine and  hold  a  joint  institute:  Provided,  The  county  superintendents 
of  all  the  counties  concerned  shall  agree  upon  the  plans  necessary 
to  the  purpose;  that  each  of  them  shall  attend  the  full  session  of 
the  said  joint  institute,  and  keep  the  record  provided  in  section  one 
hundred  and  sixty-seven,  and  that  at  least  two  able  and  experienced 
instructors  are  employed,  if  more  than  two  counties  are  combined. 
(Ky.  Stat.,  Sec.  4511.) 

§  194. — Duties  of  County  Superintendent — Fees — The  county  super- 
intendent shall  be  present  during  the  entire  session  of  the  institute; 
shall  have  the  roll  called  every  morning  and  afternoon;  shall  keep 
a  strict  daily  register  of  the  presence,  absence  and  tardiness  of  the 
teachers  and  other  members,  and  of  the  exercises  of  the  institute,  and 
after  the  close  thereof,  shall  have  the  proceedings  printed  in  one  or 
more  newspapers.  He  may  collect  two  dollars,  but  in  no  case  shall 
he  collect  less  than  one  dollar  from  each  teacher  or  other  person  in 
attendance  on  the  institute,  except  honorary  members,  and  twenty- 
five  cents  of  the  sum  so  collected  from  each  person  shall  be  paid  into 
the  county  library  fund.  From  the  fees  collected  from  the  teachers 
and  other  persons  in  attendance  the  county  superintendent  shall 
pay  all  necessary  expenses  of  the  institute.  The  proceedings  shall  be 
published  in  such  local  papers  as  will  do  this  without  charge,  and 
one  copy  shall  be  forwarded  to  the  office  of  Superintendent  of  Public 
Instruction.  Any  residue,  after  the  payment  of  institute  expenses  shall 
also  be  paid  the  county  library  fund.  In  case  of  a  joint  institute, 
any  surplus  fund  shall  be  pro  rated  among  the  counties  concerned. 
(Ky.  Stat.,  Sec.  4512.) 

§  195. — Selection  of  Proper  Place  for  Institute — Notices  of — In 
selecting  a  proper  place  for  holding  the  teachers'  institute,  the  coun- 
ty superintendent  shall  decide  with  reference  to  the  convenience  and 
accommodation  of  the  place,  and  shall  endeavor  to  make  such  ar- 
rangements as  he  best  can  for  economizing  and  reducing  the  ex- 
penses of  teachers  while  in  attendance.  He  shall,  twenty  days 
before  the  institute  begins,  notify  by  mail  the  trustees  of  his  county 


70  SCHOOL  LAWS  OF  KENTUCKY. 

of  the  time  and  place  of  holding  it;  and  it  shall  be  the  duty  of  each 
trustee  to  notify  promptly  every  teacher  in  his  school  subdistrict. 
The  county  superintendent  shall  likewise  direct  the  trustee  of  each 
subdistrict  to  post  notices  thereof.  (Ky.  Stat.,  Sec.  4513.) 

§  196. — Normal  Instructors  to  be  Recommended — The  Superintend- 
ent of  Public  Instruction  may,  when  requested  by  a  county  superin- 
tendent, recommend  able  and  experienced  normal  instructors  to  con- 
duct the  teachers'  institute  whose  pay  shall  be  derived  from  and 
paid  by  the  county  superintendent  out  of  the  funds  raised  from  the 
teachers  and  other  members  of  the  institute.  (Ky.  Stat.,  Sec.  4514.) 

§  197. — Subject  of  Instruction — At  each  session  of  the  institute, 
every  subject  embraced  in  the  common  school  course  shall  be 
brought  before  the  institute,  illustrated  and  described,  and  every  fea- 
ture of  school  organization  and  school  management,  together  with 
the  whole  work  of  the  teacher,  shall  be  considered,  and  the  common 
school  laws  of  the  State  read  and  expounded.  (Ky.  Stat.,  Sec.  4515.) 

§  198. — County  Teachers'  Association — During  the  session  of  the 
institute  there  shall  be  held  a  county  teachers'  association  and  one 
hour  in  the  afternoon  or  night  meeting  shall  be  daily  set  apart  for 
this  purpose.  The  association  may  be  composed  of  all  the  officers 
and  teachers  of  common  schools  present,  and  shall  be  called  to- 
gether by  the  county  superintendent,  who  shall  ^be  ex  officio  pres- 
ident. The  object  of  such  association  shall  be,  primarily,  to  discuss 
and  devise  the  best  ways  and  means  of  promoting  the  interest  of 
education,  the  improvement  of  teachers,  and  the  methods  of  teach- 
ing and  especially  to  devise  means  for  securing  better  school  houses, 
better  attendance,  and  local  aid  for  common  schools.  The  said  asso- 
ciation shall  be  a  permanent  organization,  with  one  vice-president 
for  each  magisterial  district  to  be  elected  or  appointed;  and  shall 
hold  at  least  one  meeting  in  each  magisterial  district,  besides  the 
meeting  at  the  institute  during  the  first  six  months  of  each  school 
year.  Every  teacher  shall  attend  at  least  the  meeting  held  in  the 
magisterial  district  in  which  he  shall  teach,  and  upon  failure  to  do 
so,  shall  teach  an  additional  day  during  the  school  month  following 
such  failure,  unless  he  shall  satisfy  the  county  superintendent  that 
such  failure  was  caused  by  sickness  or  other  actual  inability.  The 
county  superintendent  shall  attend  each  meeting  of  the  association, 
and  shall  prepare  or  have  prepared  a  programme  of  the  exercises 
therefor.  (Ky.  Stat.,  Sec.  4516.) 

§  199.— Report  of  County  Superintendent— The  county  superin- 
tendent shall,  at  the  time  of  making  his  annual  report  to  the  superin- 
tendent, also  report  the  time  and  place  of  holding  the  teachers'  in- 
stitute, the  name  of  the  person  or  persons  conducting  the  same,  the 
number  of  persons  registered  as  in  attendance,  the  sum  collected 
by  a  fee  from  each  person  in  attendance,  the  number  of  teachers  of 
«ommon  schools  in  the  county  who  did  not  attend  the  institute  and 
teachers'  association;  and  such  other  facts  as  he  may  deem  of  value 
and  Interest.  (Ky.  Stat.,  Sec.  4517.) 


SCHOOL  LAWS  OF  KENTUCKY.  71 


CHAPTER  XIV. 
COUNTY  AND    DISTRICT    LIBRARY. 

§  200.— County  Library — By  Whom  Kept — Funds— How  Provided- 
There  shall  be  a  county  teachers'  library  in  <each  county  of  the  Com- 
monwealth to  be  kept  under  the  care  and  in  the  office  of  the  county 
superintendent,  for  the  exclusive  use  and  benefit  of  the  teachers  of 
the  county.  The  sums  collected  for  the  purpose  at  each  annual  in- 
stitute, and  all  sums  added  thereto  by  donation,  shall  constitute  the 
county  library  fund,  which  shall  be  kept  and  accounted  for  by  the 
county  superintendent.  (Ky.  Stat.  Sec.  4518.) 

§  201.— Library  Committee — By  Whom  Composed — Duties — The 
county  superintendent,  as  chairman,  and  two  persons  annually  elect- 
ed by  the  county  institute,  shall  constitute  a  library  committee,  for 
the  selection  and  purchase  of  books,  periodicals  and  furniture, 
and  for  the  adoption  of  rules  for  the  management  of  the  library  un- 
der the  regulations  of  the  State  Board  of  Education.  The  Superin- 
tendent of  Public  Instruction  shall  supply  each  of  these  libraries 
with  a  bound  copy  of  each  edition  of  the  school  law,  of  his  biennial 
reports,  and  other  publications  of  his  department.  The  library  com- 
mittee shall  keep  a  permanent  record  of  its  acts  and  accounts  open 
at  all  times  for  the  inspection  of  the  teachers;  and,  through  its 
chairman,  shall  annually  report  to  the  county  institute  an  itemized 
statement  of  all  sums  received  and  expended;  the  number,  names  and 
cost  of  books  and  other  articles  purchased;  all  donations  of  books 
and  periodicals,  with  the  names  of  the  donors;  the  number  of  books 
belonging  to  the  library;  the  number  in  the  library;  the  number  in 
loan,  and  such  other  facts  as  may  be  required;  and,  in  his  annual  re- 
port to  the  Superintendent  of  Public  Instruction,  the  county  superin- 
tendent shall  state  the  sums  received,  the  sums  expended,  the  num- 
ber of  volumes  in  the  library,  and  the  increase  during  the  year.  (Ky. 
Stat.  Sec.  4519.) 

§  202. — Organization  and  Management  of  District  Library — When, 
by  contribution,  purchase  or  otherwise  forty  volumes  can  be  collected 
for  such  purpose,  the  subdistrict  trustees  may  organize  a  district 
library  in  connection  with  the  school  of  the  subdistrict,  which  shall 
be  for  the  use  of  the  subdistrict  in  which  the  same  is  located.  They 
may  make  such  suitable  arrangements  for  keeping  the  books  and 
periodicals  of  the  said  library  as  may  be  necessary,  and  may  appoint 
a  suitable  person  to  take  charge  of  the  same,  and  to  manage  it  ac- 
cording to  such  rules  as  they  may  prescribe,  subject  to  the  regula- 
tions prescribed  by  the  county  board  of  examiners.  (Ky.  Stat.,  Sec. 
4520.) 


72  SCHOOL  LAWS  OF  KENTUCKY. 

§  203. — Trustees  to  have  Control  of  District  Library — Regulations- 
The  trustees  shall  have  the  same  control  over  the  library  as  over  the 
other  school  property;  may  receive  donations  of  books,  maps,  charts 
and  other  works  of  interest.  But  no  books  of  a  sectarian,  infidel  or 
immoral  character  shall  be  placed  in  the  library;  and  any  such  books 
found  therein  shall  be  removed  by  order  of  the  trustees  or  of  the 
county  superintendent.  The  library  shall  be  free  to  all  pupils  of 
suitable  age  belonging  to  the  schools  of  the  subdistrict,  but  any  resi- 
dent of  the  subdistrict  may  become  entitled  to  the  privileges  upon  the 
payment  of  such  sum  of  money  for  membership  as  the  trustees  may 
prescribe.  (Ky.  Stat.  Sec.  4521.) 


CHAPTER  XV. 
ENFORCED  ATTENDANCE. 

§  204. — (Parents  and  Guardians  to  Send  Them  to  School — Every 
parent,  guardian  or  other  person  residing  within  the  boundary  of  the 
county  school  district  law,  and  having  the  custody,  control  or  super- 
vision of  any  child,  or  children  between  the  ages  of  seven  and  twelve 
years,  inclusive,  shall  cause  such  child  or  children  to  be  enrolled  in 
and  to  attend  some  public  or  private  day  or  parochial  school  regularly 
for  the  full  common  school  or  graded  common  school  term  in  each 
year  in  the  common  school  district  of  the  county  in  which  such  child 
or  children  may  live  in  this  Commonwealth.  Provided,  however,  that 
this  act  shall  not  apply  in  any  case  where  the  child  has  been  or  is  be- 
ing taught  at  home  in  such  branches  as  are  taught  in  the  public 
schools  for  a  like  period  of  time  and  subject  to  the  same  examination 
as  other  pupils  in  the  district  in  which  such  child  resides;  and  for 
the  purpose  of  ascertaining  whether  or  not  any  child  is  embraced 
within  this  exemption  the  County  Court  may  order  such  child  to  sub- 
mit to  an  examination  to  be  given  by  the  county  superintendent  of 
schools.  Provided,  further  that  this1  section  shall  not  apply  to  any  child 
who  is  excused  by  the  County  Board  of  Education,  upon  its  being 
shown  to  the  satisfaction  of  the  county  superintendent  of  schools 
that  such  child  is  not  in  proper  physical  or  mental  condition  to  attend 
school. 

§  205. — Penalty  for  False  Statement — Any  parent,  guardian,  or 
other  person  having  the  custody,  control  or  supervision  of  any  child 
embraced  within  the  provisions  of  this  act,  who  with  the  intent  to 
evade  the  provisions  of  this  act,  sihall  make  a  false  statement  con- 
cerning the  age  of  such  child  or  the  time  such  child  has  attended 
school,  shall  he  deemed  guilty  of  misdemeanor,  and  upon  conviction 
thereof  may  be  fined  in  any  sum  not  exceeding  fifty  dollars  or  by 
imprisonment  in  the  county  jail  not  exceeding  thirty  days,  or  both  so 
fined  and  imprisoned  at  the  discretion  of  the  court. 


SCHOOL  LAWS  OF  KENTUCKY.  73 

Any  parent,  guardian  or  other  person  having  the  custody,  control 
or  supervision  of  any  child  embraced  within  this  act  who  shall  be  pro- 
ceeded against  under  this  act,  may  prove  in  defense  that  he  is  unable 
to  compel  the  child  under  his  control  to  attend  school,  and  he  may 
thereupon  be  discharged  from  liability,  and  such  child  shall  be  pro- 
ceeded against  as  a  delinquent  child  under  the  statutes  in  such  cases 
made  and  provided. 

§  206. — Penalty  for  Violation — Any  parent,  guardian  or  other  per- 
son failing  to  comply  with  the  provisions  of  this  act  shall  forfeit  to 
the  use  of  the  schools  within  the  district  in  which  such  child  lives  a 
sum  not  less  than  five  dollars  ($5.00)  nor  more  than  twenty  dollars 
($20.00)  for  the  first  offense  nor  less  than  ten  dollars  nor  more  than 
fifty  dollars  for  the  second  and  every  subsequent  offense,  and  cost  of 
suit. 

§  207. — Teachers  to  Report  Absence  of  Children— It  shall  be  the 
duty  of  the  teachers  to  report  promptly  and  regularly  to  the  sub-dis- 
trict trustees  or  other  local  school  officers  and  to  the  County  Board 
of  Educaion  through  the  county  superintendent  of  schools,  the  names 
of  all  parents,  guardians  or  other  persons  who  fail  to  comply  with 
the  provisions  of  this  act.  It  .shall  then  be  the  duty  of  said  sub-district 
trustee  or  other  local  school  officers,  and  said  County  Boards  of  Edu- 
cation through  the  county  superintendent  of  schools  to  give  written  no- 
tice to  the  parents,  guardians  or  other  persons  having  control  or  cus- 
tody of  such  child  that  the  attendance  of  such  child  is  require'd,  and1 
if  such  parent,  guardian  or  other  person  having  control  or  supervision 
of  such  child  doles'  not  comply  immediately  with  the  provisions  of  this 
act,  then  said  sub-district  trustees  or  other  local  school  officers,  and 
said  Board  of  Education  shall  proceed  against  such  child  as  a  delin- 
quent child,  and  against  such  parents,  guardians  or  other  persons  hav- 
ing the  custody,  control  or  supervision  of  such  child  for  violation  of 
this  act  for  contributing  to  the  delinquency  of  such  child. 

§  208.— County  Court  has  Jurisdiction — The  County  Courts  of  the 
respective  counties  of  the  Commonwealth  shall  have  exclusive  juris- 
diction of  all  cases  coming  within  the  terms  and  provisions  of  this 
act,  and  any  fines  or  penalties  may  be  recovered  by  rule  or  in  any  way 
in  which  a  Court  of  Equity  may  enforce  its  orders  or  decrees. 

§  209. — Record  of  Birth  and  Age  of  Child — A  passport,  a  duly  at- 
tested transcript  or  the  certificate  of  birth  or  baptism,  a  certified 
copy  under  oath  of  a  record  in  the  family  Bible,  or  other  religious 
record  showing  the  date  and  place  of  birth  of  such  child  shall  be  pro- 
duced as  proof  of  age.  In  case  such  certificate  or  record  as  herein- 
before provided  cannot  be  secured,  upon  proof  of  such  fact,  the  rec- 
ord of  the  age  stated  in  the  first  enrollment  to  be  found  .shall  be  con- 
sidered as  evidence  thereof.  If  there  be  no  school  enrollment  showing 
such  fact,  other  evidence  as  to  the  age  of  said  child  shall  be  consid,- 
ered. 


74  SCHOOL  LAWS  OF  KENTUCKY. 


CHAPTER  XVI. 

COMPULSORY     ATTENDANCE     AND    TRUANCY    LAW    IN    CITIES 
OF  THE  FIRST,  SECOND,  THIRD  AND  FOURTH  CLASSES. 

(Act  1910.) 

§  210.— Children  Between  the  Ages  of  7  and  16  to  be  Enrolled  in 
School — Exceptions — That  every  .parent,  guardian  or  other  person  in 
any  city  of  the  first,  second,  third  or  fourth  class,  having  the  cus- 
tody, control  or  supervision  of  any  child,  or  children,  between  the 
ages  of  seven  and  sixteen  years  inclusive,  s'hall  cause  such  child  to 
be  enrolled  in  and  to  attend  some  public  or  private  day  or  parochial 
school  regularly  each  school  year  for  a  full  term  or  period  of  said 
school,  provided  that  such  private  or  parochial  school  term  shall  nor 
be  for  a  shorter  period  during  each  year  than  the  term  of  the  public 
schools  in  the  city  of  the  child's  residence.  Provided,  further,  that 
this  act  shall  not  apply  in  any  case  where  the  child  has  been,  or  is 
being  taught  at  home  in  such  branches  as  are  taught  in  the  public 
schools  for  a  like  period  of  time  and  subject  to  the  same  examina- 
tions as  other  pupils  of  the  city  in  which  the  child  resides;  and  for 
the  purpose  of  ascertaining  whether  or  not  any  child  is  embraced 
within  this  exemption  the  court  may  order  such  child  to  submit  to 
an  examination  to  be  given  by  the  city  superintendent  of  schools. 
Provided,  further,  that  this  section  shall  not  apply  to  any  child  who 
is  excused  by  the  Board  of  Education  or  school  board  of  the  city  in 
which  the  parent,  guardian  or  person  having  the  custody,  control  or 
supervision  of  such  child  or  children  reside,  upon  it  being  shown 
to  the  satisfaction  of  the  superintendent  or  chief  executive  officer 
of  schools  upon  certificate  of  the  Health  Officer,  which  certificate 
shall  be  filed  in  the  office  of  the  superintendent  of  schools,  that 
such  child  is  not  in  proper  physical  or  mental  condition  to  attend 
school.  Provided,  further,  that  the  provisions  of  this  act  shall  not 
apply  to  any  child  between  fourteen  and  sixteen  years  of  age  for 
whom  an  employment  certificate  may  have  been  issued  in  accord- 
ance with  the  provisions  of  the  child  labor  law. 

§  211. — Penalty  for  Failure  to  Comply  With  Act— Any  parent, 
guardian  or  other  person  having  the  custody,  control  or  supervision 
of  any  child  embraced  within  the  provisions  of  this  act,  who  shall 
fail  to  comply  with  the  provisions  of  this  act,  shall  be  deemed  guilty 
of  misdemeanor,  and  upon  conviction  thereof  shall  be  fined  in  any 
sum  not  exceeding  twenty-five  ($25)  dollars  for  the  first  offense, 
and  for  any  subsequent  offense,  upon  conviction  thereof,  shall  'be 
fined  in  $ny  sum  not  exceeding  one  hundred  ($100)  dollars,  or  by 


SCHOOL  LAWS  OF  KENTUCKY.  ?R 

imprisonment  in  the  county  jail  for  any  period  not  exceeding  fifty 
days,  or  both  so  fined  and  imprisoned,  in  the  discretion  of  the  court. 

§  212.-^Evasion  by  False  Statement— Penalty — Defense— Any 
parent,  guardian,  or  other  person  having  the  custody,  control  or 
supervision  of  any  child,  embraced  within  this  act,  who  with  the 
intent  to  evade  the  provisions  of  this  act,  shall  make  a  false  state- 
ment concerning  the  age  of  such  child  or  the  time  such  child  has 
attended  school,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  fined  in  any  sum  not  exceeding  one  hun- 
dred ($100)  dollars,  or  by  imprisonment  in  the  county  jail  for  a  Pe- 
riod not  exceeding  fifty  days,  or  both  so  fined  and  imprisoned  in 
the  discretion  of  the  court.  Any  parent,  guardian,  or  other  person 
having  the  custody,  control  or  supervision  of  any  child  embraced 
within  this  act,  who  shall  be  proceeded  against  under  this  act,  may 
prove  in  defense  that  he  is  unable  to  compel  the  child  under  his  con- 
trol to  attend  school,  and  he  may  be  thereupon  discharged  from 
liability,  and  such  child  shall  be  proceeded  against  as  a  delinquent 
child  under  the  statutes  in  such  cases  made  and  provided. 

§  213. — Record  of  Age — A  passport,  a  duly  attested  transcript  of 
the  certificate  of  birth  or  baptism,  a  certified  copy  under  oath  of  a 
record  in  the  family  Bible,  or  other  religious  record,  showing  the 
date  and  place  of  birth  of  such  child  shall  'be  produced  as  proof  of 
age.  In  case  such  certificate  or  record  as  hefeinabove  provided  can 
not  be  secured,  upon  proof  of  such  fact,  the  record  of  the  age  stated 
in  the  first  school  enrollment  to  be  found  shall  be  considered  as  evi- 
dence thereof.  If  there  be  no  school  enrollment  showing  such  fact, 
other  evidence  as  to  the  age  of  said  child  may  be  considered. 

§  214. — Fines  and  Penalties  to  be  Used  to  Pay  Officers — Any 
fines  or  penalties  provided  for  in  this  act  shall  be  for  the  use  of  the 
public  schools  of  the  city  in  which  such  child  resides.  Any  such 
fine  or  penalty  may  be  recovered  by  rule  or  in  any  way  in  which  a 
court  of  equity  may  enforce  its  orders  or  decrees. 

§  215. — Appointment  of  Truant  Officers  —  Qualifications — Ex- 
amination of  Truant  Officers — Compensation — Chief  Truant  Officer 
May  be  Appointed — In  the  first  week  of  July  in  each  year  the  board 
of  education  in  each  city  of  the  first,  second,  third  and  fourth  classes 
shall  appoint  at  least  one  person  for  each  ten  thousand  (10,000) 
children  enrolled  in  the  school  Census,  to  serve  as  truant  officers, 
whose  term  of  office  shall  be  during  the  pleasure  of  the  board  ap- 
pointing him,  who  may  be  removed  at  any  time  by  said  board  for 
cause  and  whose  duties  shall  'be  limited  to  the  city  where  the  ap- 
pointment is  made.  If  in  any  such  city  there  shall  be  less  than  ten 
thousand  (10,000)  children  enrolled  in  the  school  census,  there  shall 
be  appointed,  as  above,  on©  truant  officer.  Said  truant  officers  shall 
be  residents  of  the  city  in  which  they  are  appointed,  and  of  good 
moral  character.  They  must  be  able  to  read  and  write  with  ease. 
In  cities  of  the  first  class  such  truant  officers  shall  not  engage  in  any 


76  SCHOOL  LAWS  OF  KENTUCKY. 

other  occupation  during  such  period  of  time  as  the  schools  are  in  ses- 
sion each  year.  Before  they  shall  be  eligible  for  appointment,  all  ap- 
plicants for  the  position  of  truant  oficer  shall  be  examined  by  tin 
superintendent  of  schools,  who  shall  certify  to  the  Board  of  Education 
only  such  persons  qualified  as  herein  provided.  Such  truant  officer 
shall  receive  from  the  tax  levy  for  school  purposes  of  such  cities  not 
less  than  one  ($1.00)  dollar,  nor  more  than  three  ($3.00)  'dollars  per 
day  during  such  period  of  time  as  he  may  be  employed  by  the  school 
board.  In  cities  of  the  first  and  second  class,  the  Board  of  Education 
may  appoint  a  chief  truant  officer  in  addition  to  the  truant  officer  or 
officers  herein  provided  for  or  may  designate  one  of  the  truant  offi- 
cers as  provided  for,  as  chief  truant  officer,  and  shall  be  authorized 
to  pay  such  chief  truant  officer  a  salary  of  not  exceeding  twelve  hun- 
dred ($1,200)  dollars  per  year,  to  be  fixed  by  said  board.  It  shall  be 
the  duty  of  the  chief  truant  officer,  under  the  general  direction  of  the 
superintendent  of  city  schools,  to  sup-ervise,  control,  and  direct  the 
work  of  all  truant  officers  appointed  in  such  city.  Such  chief  truant 
officer  shall  cause  to  be  made  and  fully  kept,  reports  from  all  truant 
officers,  principals  and  teachers  of  the  workings  of  this  act  and  shall 
be  directly  charged  with  the  duty  of  seeing  that  the  provisions  of  this 
act  are  complied  with. 

§  216. — Duties  of  Truant  Officers — Truant  officers  shall  examine 
into  any  case  of  truancy  within  the  city  or  district,  and  when,  from 
.personal  knowledge,  or  by  report  or  complaint  from  any  resident  or 
teacher  of  the  city  or  district  it  appears  that  any  child,  subject  to 
the  provisions  of  this  act,  is  absent  from  school  without  lawful  ex- 
cuse, and  in  violation  of  the  provisions  of  this  act,  or  is  persistently 
truant  from  school,  the  truant  officer  shall  immediately  give  written 
notice  to  the  parents,  guardian  or  person  having  the  custody,  control 
or  supervision  of  such  child  that  the  attendance  of  such  child  is  re- 
quired, and  if  such  parent,  guardian  or  person  having  the  custody, 
control  or  supervision  of  such  child  does  not  comply  immediately  with 
the  provisions  of  this  act,  then  such  truant  officer  shall  proceed 
against  such  child  as  a  delinquent  child,  and  against  such  parents, 
guardian  or  person  having  the  custody,  control  or  supervision  of  such 
child  for  violation  of  this  act  and  for  contributing  to  such  condition 
of  delinquency  in  such  child.  It  shall  be  the  duty  of  all  truant  officers 
to  report  all  violations  of  the  child  labor  law  of  which  they  have  any 
knowledge.  In  cities  having  a  chief  truant  officer  such  report  shall 
be  made  by  such  chief  truant  officer  and  in  cities  having  no  chief 
truant  officer  such  reports  shall  be  made  by  truant  officers  to  the  su- 
perintendent of  city  schools.  All  sucil  violations  aforesaid  shall  be 
promptly  reported  by  the  Superintendent  of  Schools  or  chief  truant 
officer,  as  the  case  may  be,  to  the  Labor  Inspector. 

§  217. — Jurisdiction— The  county  court  of  the  respective  counties 
of  the  Commonwealth  shall  have  exclusive  jurisdiction  of  all  cases 
coming  within  the  terms  and  provisions  of  this  act. 


SCHOOL  LAWS  OF  KENTUCKY.  77 

§  218. — School  Officers  to  Report — Truant  Officers  Under  Super- 
vision of  City  Superintendent — All  school  officers  and  teachers  are 
hereby  required  to  make  and  furnish  upon  demand,  any  report  that 
may  be  required  by  the  Superintendent  of  Public  Instruction,  or  by  the 
Superintendent  of  Public  Schools  of  cities  of  the  first,  second,  third 
and  fourth  classes,  with  reference  to  the  workings  of  this  act,  and 
all  truant  officers  appointed  under  this  act  shall  keep  a  full  record 
of  the  work  done  by  them,  in  books  to  be  furnished  them  for  that 
purpose  by  the  State  Superintendent  of  Public  Instruction.  The  Su- 
perintendent of  Public  Instruction  shall  make  and  publish  an  annual 
report  of  the  workings  of  this  act.  Such  truant  officers  shall  be  under 
the  direct  supervision  and  control  of  the  City  Superintendent  of 
Schools  and  shall  report  to  teachers,  principals  or  other  persons  as  di- 
rected by  him  and  each  City  Superintendent  of  Schools  shall  compile 
and  publish  an  annual  report  of  the  work  of  the  truant  officer  or  of- 
ficers under  this  act. 

§  219. — List  of  Children  of  School  Age  to  be  Furnished  Each 
Principal — During  the  month  of  August  in  each  year  the  Superin- 
tendent of  Public  Schools  of  cities  of  the  first>  second,  third  and 
fourth  classes  shall  furnish  or  cause  to  be  furnished  by  the  truant 
officer  or  officers'  of  said  city  to  the  principal  of  each  school  in  their 
respective  cities  a  list  of  all  children  between  the  ages  of  seven  and 
sixteen  years  entitled  to  attend  said  school,  in  such  form  as  may 
be  adopted  by  such  Superintendent.  Said  list  shall  be  arranged  in. 
such  form  as  such  Superintendent  may  prescribe,  shall  contain  the 
name  and  age  of  each  child,  the  name  and  address  of  such  child's 
parents,  guardian  or  person  having  the  custody,  control  or  super- 
vision, and  such  other  facts  as  may  -be  required  by  the  Superintend- 
ent of  Public  Instruction,  or  Superintendent  of  Schools  of  the  city 
of  the  first,  second,  third  and  fourth  classes. 

§  220. — Names  of  Absentees  to  be  Reported  to  Truant  Officers 
— Duty  of  Truant  Officers  to  Report  Names  of  Children  Not  At- 
tending— The  principal  of  each  school  in  cities  of  the  first,  second, 
third  and  fourth  classes  shall  report  each  day,  if  possible,  or  at  such 
times  as  he  may  be  directed  by  the  Superintendent  of  Schools  dur- 
ing such  period  of  time  as  the  schools  are  in  session  each  year  in 
the  respective  cities,  to  the  Superintendent  of  Public  Schools  in  the 
city  in  which  such  school  is  situated,  or  to  a  truant  officer,  if  so 
directed  by  the  Superintendent,  the  name  and  address  of  each  child 
who  has  been  absent  from  school  without  lawful  excuse,  or  who  Is 
persistently  truant  from  school,  together  with  the  name  of  such  child's 
parent  or  parents,  guardian  or  persons  having  the  custody,  control 
or  supervision  of  such  child,  and  it  shall  be  the  duty  of  the  truant 
officer  to  whom  such  report  is  made,  immediately  upon  the  receipt 
of  same  to  make  or  cause  to  be  made  an  examination  into  the  cases 
of  absence  or  truancy  contained  in  such  reports  and  to  take  any 
and  all  needed  steps  as  provided  herein  under  the  statutes  of  this 


78  SCHOOL  LAWS  OF  KENTUCKY. 

State,  to  compel  such  child  to  attend  school,  and  in  cities  where  a 
chief  truant  officer  has  been  'designated  or  appointed  such  officer 
shall  file  a  written  report  once  each  month  with  the  City  Superin- 
tendent of  schools  of  all  the  work  done  by  such  chief  truant  officer 
and  his  assistants  and  in  cities  where  no  chief  truant  officer  is  des- 
ignated each  truant  officer  appointed  shall  file  with  the  City  Super- 
intendent of  Schools  each  month  a  written  report  of  his  work  done 
in  the  discharge  of  his  duties  as  set  out  herein. 

§  221.— Parental  or  Truant  Schools— The  Board  of  Trustees,  Board 
of  Education,  School  Board  or  Board  of  Commissioners,  as  the  case 
may  be,  of  any  city  of  the  first  or  second  class,  are  hereby  authorized 
and  empowered  to  equip,  maintain  and  conduct  one  or  more  parental 
or  truant  schools  for  the  purpose  of  affording  a  place  where  children 
of  compulsory  school  age,  and  coming  within  the  provisions  of  this 
act,  and  of  the  statutes  of  this  State,  concerning  neglected,  dependent 
and  delinquent  children,  may  be  detained  for  the  purpose  of  discipline 
and  instruction  hereinafter  provided. 

§  222. — .Location  of  Schools — Such  school  or  schools  may  be  locat- 
ed either  within  or  without  the  corporate  limits  of  the  city;  provided, 
however,  that  such  school  or  schools  shall  not  be  located  outside  of 
the  county  in  which  such  city  is  located;  and  provided,  further,  that 
no  such  school  shall  be  located  at  or  near  any  penal  institution. 

§  223. — Religious  Instruction  and  Attendance  Upon  Religious 
Service — No  religious  instruction  shall  be  given  in  such  school  or 
schools  except  as  is  allowed  by  law  to  be  given  in  public  schools,  but 
tie  Board  of  Trustees,  Board  of  Education,  School  Board  or  School 
Commissioners,  as  the  case  may  be,  shall  make  suitable  regulations 
so  that  inmates  shall  receive  religious  training  in  acordance  with  the 
belief  of  such  children's  parents  or  guardian,  either  by  allowing  such 
religious  services  to  be  held  in  such  institution  or  by  arranging  for 
the  attendance  of  public  service  elsewhere. 

§  224. — Child  Committed  to  School  May  be  Returned  'Home  on 
Probation — Any  child  committed  to  such  school,  or  schools,  upon 
an  order  duly  entered  by  the  County  'Court,  may  be  allowed  to  re- 
turn home  upon  probation  and  to  remain  while  upon  probation,  sub- 
ject to  the  friendly  visitation  and  supervision  of  a  probation  officer  of 
said  County  Court,  and  subject  at  any  time  to  be  returned  to  such 
school  if  said  child,  in  the  opinion  of  the  County  Court,  shall  violate 
the  terms  and  conditions  of  its  probation.  No  child  shall  be  released 
upon  probation  in  less  than  four  weeks  from  the  time  of  his  or  her 
commitment,  nor  thereafter,  unless  the  court  shall  be  satisfied  the 
said  child,  who  is  probationed,  will  attend  regularly  some  public  or 
private  school  as  herein  provided.  If  any  child  so  released  upon  pro- 
bation shall  be  regular  in  his  or  her  attendance  in  school,  and  his  or 
her  conduct  as  a  pupil  shall  be  satisfactory  for  a  period  of  one  year 
from  the  date  upon  which  he  or  she  was  released  upon  probation,  he 
or  she  shall  be  finally  discharged  from  such  parental  or  truant 


SCHlOOiL  LAWS  OF  KENTUCKY.  79 

school,  and  shall  not  be  recommitted  thereto,  except  in  a  subsequent 
proceeding  undertaken  according  to  the 'provisions  of  this  act,  and  to 
the  statutes  of  this  State,  concerning  neglected,  dependent  and  delin- 
quent children. 

§  225.— Penalty  For  Violation  of  Conditions  of  Probation— Any 
child  released  from  said  school  or  schools  upon  probation  as  herein 
provided,  who  shall  violate  the  conditions  of  his  or  her  probation 
any  time  within  one  year  thereafter,  shall,  upon  the  order  of  the 
County  Court,  be  returned  to  such  parental  or  truant  school,  and  shall 
not  again  be  released  upon  probation  within  a  period  of  three  months 
from  the  date  of  such  re-entering;  and  if  such  child  shall  violate  the 
conditions  of  a  second  release  upon  probation  he  or  she  shall  be  re- 
committed to  such  school  and  shall  not  be  released  therefrom  on  pro- 
bation until  he  or  she  shall  have  remained  in  such  school  one  year. 

§  226. —  Rules  and  Regulations — The  Board  of  Trustees,  Board  of 
Education,  School  Board,  or  School  Commissioners,  as  the  case  may 
be,  of  cities  of  the  first  or  second  class,  may  establish  any  rules 
or  regulations  concerning  such  schools  not  inconsistent  with  this 
act  or  the  Constitution  or  laws  of  this  State. 


CHAPTER  XVII. 

THE   CHILD    LABOR    LAW 

(Act  Amended  1910.) 

§  227. — Child  Under  Fourteen  Shall  not  be  Employed  During 
School  Term — No  child  under  fourteen  years'  of  age  shall  be  employed, 
permitted  or  suffered  to  work  in  or  in  connection  with  any  factory, 
workshop,  mine,  mercantile  establishment,  store,  business  office,  tele- 
graph office,  restaurant,  hotel  apartment  house  or  in  the  distribution 
or  transmission  of  merchandise  or  messages.  It  shall  be  unlawful 
for  any  .person,  firm  or  corporation  to  employ  any  child  under  four- 
teen years  of  age  in  any  business  or  service  whatever,  during  any 
part  of  the  term  during  which  the  public  schools  of  the  district  in 
which  the  child  resides  are  in  session. 

§  228. — Child  Between  Fourteen  and  Sixteen  May  be  Employed 
Under  Certain  Conditions — Labor  Inspector — Duties  Under  Act/ — (Evi- 
dence of  Child's  Age  to  be  Produced — No  child  between  fourteen  and 
sixteen  years  of  age  shall  be  employed,  permitted  or  suffered  to  work 
in  or  in  connection  with  any  factory,  workshop,  mine,  mercantile  es- 
tablishment, store,  business  office,  telegraph  office,  restaurant,  hotel, 
apartment  house,  or  in  the  distribution  or  transmission  of  merchan- 
dise or  messages  unless  the  person  or  corporation  employing  him  pro- 
cures and  keeps  on  file  and  accessible  to  ibe  truant  officers  of  the 


80  SCHOOL  LAWS  OF  KENTUCKY. 

town  or  city,  and  to  the  Labor  Inspector,  an  employment  certificate 
as  hereinafter  prescribed,  and  "keeps  two  complete  lists  of  all  such 
children  employed  therein,  one  on  file  and  one  conspicuously  posted 
near  the  principal  entrance  of  the  building  in  which  such  children 
are  employed.  On  termination  of  the  employment  of  a  child  so  reg- 
istered, and  whose  certificate  is  so  filed,  such  certificate  shall  forth- 
with be  surrendered  by  the  employer  to  the  child  or  its  parent  or 
guardian  or  custodian.  The  Labor  Inspector  may  make  'demand  on 
an  employer  in  whose  establishment  a  child  apparently  under  the  age 
of  sixteen  years  is  employed  or  permitted  or  suffered  to  work  and  whose 
employment  certificate  is  not  then  filed  as  required  toy  this  act,  that 
such  employer  shall  either  furnish  him  within  ten  days,  evidence  sat- 
isfactory to  him  that  such  child  is  in  fact  over  sixteen  years  of  age, 
or  shall  cease  to  employ,  or  permit  or  suffer  such  child  to  work 
therein.  The  Labor  Inspector  may  require  from  such  employer  the 
same  evidence  of  age  of  such  child  as  is  required  on  the  issuance  of 
an  employment  certificate,  and  the  employer  furnishing  such  evidence 
shall  not  be  required  to  furnish  any  further  evidence  of  the  age  of  the 
child.  In  case  such  employer  shall  fail  to  produce  and  deliver  to  the 
inspector  within  ten  days  after  such  demand  such  evidence  of  the  age 
herein  required  of  him,  and  thereafter  continue  to  employ  such  child, 
or  permit  or  suffer  such  child  to  work  in  such  establishment,  proof  of 
the  giving  of  such  notice  and  of  such  failure  to  produce  and  file  such 
evidence  shall  be  .prima  facie  evidence  in  any  prosecution  brought  for 
violation  of  the  provision  that  such  child  is  under  sixteen  years  of 
age  and  is  unlawfully  e'm ployed. 

§  229. — Employment  certificates  shall  be  issued  only  by  the  Super- 
intendent of  Schools  or  by  a  person  authorized  by  him  in  writing,  act- 
ing in  his  name.  Where  there  is  no  local  Superintendent  of  Schools, 
they  shall  be  issued  by  the  County  Superintendent  of  Schools  or  by  a 
person  so  authorized  by  him. 

§  230. — Certificates  not  to  be  Issued  Until  Certain  Papers  are 
Filed — Personal  Examination  of  Child — The  person  authorized  to 
issue  employment  certificates  shall  not  issue  such  certificates  until 
he  has  received,  examined,  approved,  and  filed  the  following  papers 
duly  executed:  (1)  The  school  record  of  such  child  properly  filled  out 
and  signed  as  provided  hereinbelow.  (2)  A  passport  or  duly  attested 
transcript  of  the  certificate  of  birth  or  baptism  or  other  religious 
record,  showing  the  date  and  place  of  birth  of  such  child.  A  duly 
attested  transcript  of  the  birth  certificate  filed  according  to  law  with 
any  officer  charged  with  the  duty  of  recording  births,  shall  be  suffi- 
cient evidence  of  the  age  of  such  child.  (3.)  The  affidavit  of  the 
parent,  guardian  or  custodian  of  a  child,  which  shall  be  required,  how- 
ever, only  in  case  such  last  mentioned  transcript  of  the  certificate  of 
birth  be  not  produced  and  filed,  showing  the  place  and  'date  of  birth 
of  such  child,  which  affidavit  must  be  taken  before  the  officer  issuing 
employment  certificates,  who  is  hereby  authorized  and  required  to  ad- 


SCHOOL,  LAWS  OF  KENTUCKY.  81 

minister  such  oath,  and  who  shall  not  demand  or  receive  a  fee  there- 
for. Such  employment  certificate  shall  not  be  issued  until  such  child 
has  personally  appeared  before  and  been  examined  by  the  officer  is- 
suing the  certificates,  and  until  such  officer  shall,  after  making  ex- 
amination, file  and  sign  in  his  office  a  statement  that  the  child  can 
read  and  legibly  write  simple  sentences  in  the  English  language,  and 
that  in  his  opinion  the  child  is  fourteen  years  of  age  or  upward,  and 
has  reached  the  normal  'development  of  a  child  of  its  age,  and  is  in 
sound  health  and  is  physically  able  to  perform  the  work  which  it  in- 
tends to  do.  In  doubtful  cases  such  physical  fitness  shall  be  deter- 
mined by  a  medical  officer  of  the  board  or  department  of  health,  or 
by  the  county  physician.  Every  employment  certificate  shall  be 
signed  in  the  presence  of  the  child  in  whose  name  it  is  issued.  The 
Superintendent  of  schools  in  any  city,  town,  county,  or  district,  wher- 
ever there  is  one,  and  where  there  is  none,  then  the  County  Superin- 
tendent shall,  between  the  first  and  tenth  days  of  each  month,  trans- 
mit to  the  office  of  the  Labor  Inspector,  a  report,  which  report  shall 
give  (1)  the  name  of  each  child  to  whom  a  certificate  has  been  is- 
sued in  the  previous  month,  together  with  the  date  of  birth  of  sucH 
child;  and  (2)  the  name  of  each  child  to  whom  a  certificate  has  been 
refused  in  the  previous  month,  together  with  the  ground  for  such  re- 
fusal. A  refusal  or  failure  to  transmit  such  report  by  any  person 
charged  under  this  section  with  the  duty  of  transmitting  same  to  the 
Labor  Inspector  shall  constitute  a  misdemeanor  punishable  by  a  fine 
of  not  more  than  twenty-five  nor  less  than  five  dollars,  to  be  disposed 
of  as  provided  in  Section  212  of  this  law. 

§  231. — Certificate  to  Describe  Child,  etc. — Such  certificate  shall 
state  the  date  and  place  of  birth  of  the  child,  and  describe  the  color 
of  the  hair  and  eyes,  the  height  and  weight  and  any  distinguishing 
facial  marks  of  such  child,  and  that  the  papers  required  by  the  pre- 
ceding section  have  been  duly  examined,  approved  and  filed  and  that 
the  child  named  in  such  certificate  has  appeared  before  the  officer 
signing  the  certificate  and  has  been  examined. 

§  232.-^School  Record;  What  it  Shall  Contain — Procedure  in  Case 
School  iRecord  Cannot  be  Obtained — The  school  record  above  men- 
tioned shall  be  signed  by  the  principal  or  chief  teacher  of  the  school 
which  such  child  has  last  attended  and  shall  be  furnished,  on  demand, 
to  a  child  entitled  thereto.  It  shall  contain  a  statement  certifying 
that  the  child  has  regularly  attended  the  public  school  or  schools  equiv- 
alent thereto  or  parochial  school  for  not  less  than  one  hundred  days 
during  the  school  year  previous  to  his  arriving  at  the  age  of  fourteen 
years  or  during  the  year  previous  to  applying  for  such  school  records 
and  is  able  to  read  and  write  simple  sentences  in  the  English 
language,  and  has  received  during  such  period  instruction  in  reading, 
spelling,  writing  and  geography  and  is  familiar  with  the  fundamental 
operations  of  arithmetic  up  to  and  including  common  fractions.  Such 
school  record  shall  also  give  the  age  and  residence  of  the  child,  as 


82  SiCHOOL  LAWS  OF  KENTUCKY. 

shown  on  the  records  of  the  school  and  the  name  of  its  parent, 
or  guardian  or  custodian:  Provided,  That  upon  the  filing  with 
the  person  authorized  to  issue  employment  certificates  of 
the  affidavit  of  the  applicant  or  of  his  or  her  parent,  guardian 
or  custodian,  showing  that  diligent  effort  has  been  made  to 
obtain  the  school  record  hereby  required  and  that  it  can  not  be 
obtained,  then  the  person  authorized  to  issue  the  certificate  may 
issue  such  a  certificate  without  having  received  such  school  record, 
but  it-  shall  be  his  duty,  in  such  case,  to  examine  the  applicant  as 
to  his  or  her  proficiency  in  each  of  the  studies  mentioned  in  this 
section;  and  in  such  case  the  employment  certificate  shall  show  that 
such  examination  was  had  in  lieu  of  the  filing  of  the  school  record. 

§  233. — Names  of  Children  to  whom  Certificates  have  been  grant- 
ed, Furnished  to  Inspector — The  local  board  of  education  or  the 
school  board  of  a  city,  town  or  district,  as  the  case  may  be,  shall 
transmit  between  the  first  and  tenth  of  each  month,  to  the  office  of 
the  Labor  Inspector,  a  list  of  the  names  of  the  children  to  whom 
certificates  have  been  issued  during  the  previous  month. 

§  234. — Duties  of  Employer — No  person  under  the  age  of  sixteen 
years  shall  be  employed  or  suffered  or  permitted  to  work  at  any  gain- 
ful occupation  more  than  sixty  hours  in  any  one  week,  not  more  than 
ten  hours  in  any  one  day;  or  before  the  hour  of  seven  o'clock  in  the 
morning  or  after  the  hour  of  seven  in  the  evening.  Every  employer 
shall  post  in  a  conspicuous  place  in  every  room  where  such  minors 
are  employed  a  printed  notice,  stating  the  hours  required  of  them 
each  day  of  the  week,  the  hours  of  commencing  and  stopping  work 
and  the  hours  when  the  time  or  times  allowed  for  dinner  or  for  other 
meals  begin  and  end.  The  printed  form  of  such  notice  shall  be  fur- 
nished by  the  State  Labor  Inspector,  and  the  employment  of  any 
minor  for  longer  time  in  any  day  so  stated  shall  be  deemed  a  viola- 
tion of  this  section. 

§  235. — Penalties  for  Violation  of  Act — Whoever  employs  a  child 
under  sixteen  years  of  age,  and  any  parent,  guardian,  or  any  adult 
person  under  whose  care  or  control  a  child  under  such  age  lives,  who, 
permits  such  child  to  be  employed  in  violation  of  sections  227,  228  or 
234  of  this  act  shall,  for  such  offense,  be  fined  not  more  than  fifty 
dollars,  and  whoever  continues  to  employ  any  child  in  violation  of 
either  of  said  sections  of  this  act  after  being  notified  by  a  truant  offi- 
cer or  a  labor  inspector  thereof,  shall,  for  every  day  thereafter  that 
such  employment  continues,  be  fined  not  less  than  five  nor  more  than 
twenty  dollars.  A  failure  to  produce  to  a  truant  officer  or  labor  in- 
spector any  employment  certificate  or  list  required  by  this  act,  shall 
be  prima  facie  evidence  of  the  illegal  employment  of  any  person 
whose  employment  certificate  is  not  produced,  or  whose  name  is  not 
so  listed.  Any  corporation  or  employer  retaining  employment  certi- 
ficates in  violation  of  section  228  of  this  act  shall  be  fined  ten  dollars. 
Every  person  authorized  to  sign  the  certificate  prescribed  by  section 


LAWS  OP  KENTUCKY.  83 

231  of  this  act,  who  knowingly  certifies  to  any  materially  false  state- 
ment therein  shall  be  fined  not  more  than  fifty  dollars,  nor  less  than 
ten  dollars. 

§  236. —Truant  Officers  to  Visit  Factories  and  Make  Report- 
Truant  officers  may  visit  factories,  work  shops,  mines  and  mercan- 
tile establishments  in  their  s'everal  towns  and  cities  and  ascertain 
whether  any  minors  are  employed  therein  contrary  to  the  provisions 
of  this  act,  and  they  shall  report  any  cases  of  such  illegal  employ- 
ment to  the  superintendent  of  schools  and  to  the  Labor  Inspector. 
Labor  inspectors  and  truant  officers  may  require  that  the  employ- 
ment certificates  and  lists  provided  for  in  this  act  of  minors  employ- 
ed in  such  factories,  work  shops,  mines  or  mercantile  establishments, 
shall  be  produced  for  their  inspection.  Complaints  for  offenses  under 
this  act  shall  be  brought  by  the  labor  inspector. 

§  237. — (Certain  Employments  not  to  be  Engaged  in  by  Children — 
No  child  under  the  age  of  sixteen  years  shall  be  employed  at  sewing 
belts',  or  to  assist  in  sewing  belts,  in  any  capacity  whatever,  nor  shall 
any  child  adjust  any  belt  to  any  machinery;  they  shall  not  oil  or  as- 
sist in  oiling,  wiping  or  cleaning  machinery;  they  shall  not  operate 
or  assist  in  operating  circular  or  band  saws,  wood  shapers,  wood 
joiners,  planers,  sandpaper  or  wood  polishing  machinery,  emery  or 
polishing  wheels  used  for  polishing  sheet  metal,  wood  turning  or  bor- 
ing machinery,  stamping  machines  in  sheet  metal  and  tinware  manu- 
facturing, stamping  machine  in  washer  and  nut  factories,  operating 
corrugating  rolls,  such  as  are  used  in  roofing  factories,  nor  shall  they 
be  employed  in  operating  any  steam  boiler,  steam  machinery,  or  other 
steam  generating  apparatus,  or  as  pin  boys'  in  any  bowling  alleys; 
they  shall  not  operate  or  assist  in  operating  dough  brakes,  or  cracker 
machinery  of  any  description,  wire  or  iron  straightening  machinery, 
nor  shall  they  operate  or  assist  in  operating  rolling  mill  machinery, 
punches  or  shears,  washing  or  grinding  or  mixing  mills  or  calendar 
rolls  in  rubber  manufacturing,  nor  shall  they  operate  or  assist  in 
operating  laundry  machinery,  nor  shall  such  children  be  employed 
in  any  capacity  in  preparing  any  composition  in  which  dangerous  or 
poisonous  acids  are  used,  and  they  shall  not  be  employed  in  any  capa- 
city in  the  manufacture  of  paints,  colors  or  white  lead,  nor  shall  they 
be  employed  in  any  capacity  whatever  in  operating  or  assisting  to 
operate  any  passenger  or  freight  elevator,  nor  shall  they  be  employed 
in  any  capacity  whatever  in  the  manufacture  of  goods  for  immoral 
purposes,  nor  in  any  theatre,  concert  hall,  or  place  of  amusement 
wherein  intoxicating  liquors  are  sold,  nor  shall  females  under  sixteen 
years  of  age  be  employed  in  any  capacity  where  such  employment 
compels  them  to  remain  standing  constantly.  Nor  shall  any  child 
under  sixteen  years  of  age  be  employed  at  any  occupation  dangerous 
or  injurious  to  health  or  morals,  or  to  lives  or  limbs,  and  as  to  these 
matters  the  decision  of  the  county  physician  or  city  health  officer,  as 
the  case  may  be,  shall  be  final. 


84  SCHOOL  LAWS  OF  KENTUCKY. 

§  238. — Dangerous  Machinery  to  be  Guarded — It  shall  be  the  duty 
of  the  owner  of  any  manufacturing  •establishment,  where  any  person 
under  sixteen  years  of  age  is  employed,  his  agents,  superintendents 
or  other  persons  in  charge  of  same,  to  furnish  and  supply,  when 
practicable,  or  cause  to  be  furnished  and  supplied  to  him,  belt  shifterg 
or  other  safe  mechanical  contrivance  for  the  purpose  of  throwing 
belts  on  or  off  pulleys;  and,  whenever  practicable,  machinery  therein 
shall  be  provided  with  loose  belts.  All  vats,  pans,  saws,  planes,  cogs, 
gearings,  belting,  set  screws  and  machinery  of  every  description 
therein,  which  is  palpably  dangerous,  where  practicable,  shall  be 
properly  guarded;  and  no  person  shall  remove  or  make  ineffective 
any  safeguard  around  or  attached  to  any  planer,  saw,  belting,  shaft- 
ing or  other  machinery,  or  around  any  vat  or  pan,  while  the  same 
is  in  use,  unless  for  the  purpose  of  immediately  making  repairs  there- 
to, and  all  such  safeguards  shall  be  promptly  replaced.  No  person 
under  eighteen  years  of  age  shall  be  allowed  to  clean  machinery 
while  in  motion. 

§  239. — Suitable  Washrooms  and  Closets  to  be  Supplied — Suitable 
and  proper  washrooms  and  water  closets  shall  be  provided  in  each 
manufacturing  establishment,  where  any  person  under  sixteen  years 
of  age  is  employed,  and  such  water  closets  shall  be  properly  screen- 
ed and  ventilated  and  be  kept  at  all  times  in  a  clean  condition;  and 
if  girls  under  sixteen  years  of  age  be  employed  in  any  such  estab- 
lishment, the  water  closet  shall  have  separate  approaches  and  be 
kept  separate  and  apart  from  those  used  by  men.  All  closets  shall 
be  kept  free  from  obscene  writing  and  marking.  A  dressing  room 
shall  be  provided  for  such  girls  when  the  nature  of  their  work  is 
such  as  to  require  any  change  of  clothing. 

§  240. — Seats  to  be  Provided  for  Use  of  Girls — Every  pers'on,  firm, 
corporation,  association,  individual  or  partnership  employing  girls 
under  sixteen  years  of  age  in  any  manufacturing,  mechanical  or  mer- 
cantile industry,  laundry,  workshop,  renovating  works,  or  printing 
offices  in  this  Commonwealth,  shall  provide  seats  for  the  use  of  the 
girls  so  employed,  and  shall  permit  the  use  of  such  by  them  when  not 
necessarily  engaged  in  the  active  duties  for  .which  they  are  employed. 

§  241. — The  walls  and  ceiling  of  each  room  in  every  manufactur- 
ing establishment  where  any  person  under  sixteen  years  of  age  is 
employed  shall  be  lime-washed  or  painted,  when,  in  the  opinion'  of 
the  labor  inspector,  it  shall  be  conducive  to  the  health  or  cleanliness 
of  the  persons  working  therein. 

§  242. — Grand  Juries;  Powers — Grand  .  juries  shall  have  inquisi- 
torial powers  to  investigate  violations  of  this  act;  also  shall  county 
judges  and  circuit  judges,  and  judges  of  the  circuit  courts  of  the 
State  shall  specially  charge  the  grand  jury  at  the  beginning  of  each 
term  of  the  court  to  investigate  violations  of  this  act. 

§  243. — Act  to  be  Posted  in  Certain  Establishments — A  copy  of  this 
act  shall  be  conspicuously  posted  and  kept  in  each  workroom  of  every 


SCHOOfL  LAWS  OF  KENTUCKY.  85 

manufacturing  establishment,  mill,  mine  or  workshop  or  mercantile 
or  printing  establishment,  theatre,  bowling  alley,  telegraph,  tele- 
phone or  public  messenger  company  or  laundry  in  this  Common- 
wealth. 

§  244.— Penalty  for  Violation  of  Act — Any  adult  person  who  vio- 
lates any  of  the  provisions  of  this  act,  or  who  suffers  or  permits  any 
child  to  be  employed  in  violation  of  its  provisions,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction,  unless  otherwise  herein 
expressly  provided,  shall  be  punished  by  a  fine  of  not  more  than 
fifty  dollars  and  not  less  than  twenty-five  dollars  for  the  first  of- 
fense, and  for  each  subsequent  offense  by  imprisonment  for  not  more 
than  ninety  days  and  not  less  than  ten  days  or  by  a  fine  of  not  less 
than  fifty  dollars  nor  more  than  two  hundred  dollars,  or  by  both 
fine  and  imprisonment.  Every  fine  imposed  under  this  law  shall 
enure  to  the  benefit  of  the  public  schools  in  the  city,  county,  town  or 
district  in  which  the  violation  may  have  occurred;  and  the  court  im- 
posing such  fine  shall  promptly  cause  same  to  be  paid  ovei>  to  the 
proper  school  authorities  entitled  to  receive  other  moneys  accru- 
ing to  said  schools. 

§  245.— Act  not  to  become  Effective  until  September  First,  1908— 
Whereas,  there  are  many  children  between  the  ages  of  fourteen  and 
sixteen  now  in  employments  for  which  employment  certificate 
Is  required  by  this  act;  now,  therefore,  in  order  to  provide  ample 
time  for  compliance  herewith  by  obtaining  the  proof  of  birth  and 
the  school  record  herein  required,  it  is  hereby  enacted  that  the  pro- 
visions of  this  act  as  to  the  requirement  of  an  employment  certifi- 
cate shall  not  go  into  effect  until  the  first  day  of  September,  nineteen 
hundred  and  eight.  And,  whereas,  there  are  some  children  between 
the  ages  of  fourteen  and  sixteen  who  are  now  in  employment  for 
which  an  employment  certificate  is  required  by  this  act,  who  can  not 
comply  with  the  educational  test  established  by  this  act,  and  who 
would  find  it  a  real  hardship  to  be  thus  expelled  from  their  employ- 
ment without  a  full  opportunity  to  prepare  themselves  for  that  test; 
now,  therefore,  it  is  hereby  enacted  that  the  requirement  of  the  filing 
of  a  school  record,  or  of  mental  examination  in  default  thereof,  as  a 
prerequisite  to  the  issuance  of  an  employment  certificate,  shall  not  be 
effective  until  the  first  day  of  September,  nineteen  hundred  and  nine; 
but  from  the  first  day  of  September,  1908,  to  the  first  day  of  Septem- 
ber, 1909,  employment  certificates  shall  be  issued  to  children  between 
the  ages  of  fourteen  and  sixteen  years  upon  the  proof  of  birth  and  of 
physical  fitness  required  by  section  229  hereof. 

§  246.— Act  of  1906  Repealed — This  act  shall  operate  and  be  con- 
strued as  a  repeal  of  an  act,  entitled  "An  act  to  make  it  unlawful  to 
employ  a  child  less  than  fourteen  years  of  age  in  workshops,  mines 
mills  or  factories  in  this  Commonwealth,  and  fixing  the  penalty,"  ap- 
proved Mar.  12,  1902,  and  as  a  repeal  of  an  act,  entitled,  "An  act  to 
amend  an  act,  entitled  'an  act  to  make  it  unlawful  to  employ  a  child 


86  SCHOOL  LAWS  OF  KENTUCKY. 

less  than  fourteen  years  of  age  in  workshops,  mines  or  factories,' 
and  to  regulate  the  employment,  use  and  protection  of  child  labor  in 
mills,  mines,  factories,  etc.,"  approved  March  17,  1906,  and  all  other 
laws  and  parts  of  laws,  in  conflict  with  the  provisions  of  this  act  are 
hereby  repealed. 


CHAPTER  XVIII. 
PUBLIC  SCHOOLS  IN  CITIES  OF  THE  FIRST  CLASS. 

§  247. — Board  of  Education  Election— Every  city  in  this  State  of 
the  first  class  shall  be  and  constitute  a  single  school  district,  and  the 
supervision  and  government  of  common  schools,  kindergarten,  high 
schools,  manual  training  schools  and  normal  schools  and  all  such 
school  property  therein  shall  be  vested  in  a  board  of  five  members 

to  be  known  as  the  "Board  of  Education  of , 

Kentucky,"  (in  which  title  the  name  of  such  city  shall  be  inserted). 
Such  Board  of  Education  shall  be  a  body  corporate  and  shall,  by  and 
in  said  name,  sue  and  be  sued,  purchase,  receive,  hold  and  sell  prop- 
erty, do  all  things  necessary  to  accomplish  the  purpose  for  which  such 
school  district  is  organized,  and  succeed  to  all  the  property  rights 
and  privileges  granted  to  and  belonging  to  any  previous  School 
Board  of  such  city:  Provided,  that  all  pending  suits  in  which  any 
such  previous  School  Board  is  a  party,  may  be  prosecuted  to  an  end 
in  the  name  of  such  party. 

§  248.— (Powers  and  Duties— Every  such  Board  of  Education  shall 
have  exclusive  control  of  the  common  schools,  including  kindergar- 
tens, high  schools,  manual  training  schools  and  normal  schools  as 
hereinafter  provided,  and  of  common  school  property  in  such  city; 
shall  exercise  generally  all  powers  in  the  administration  of  the  com- 
mon school  system  therein,  appoint  such  officers,  agents  and  em- 
ployes as  it  may  deem  necessary  and  proper  and  fix  their  compen- 
sation; and  shall  have  power  to  fix  the  time  of  its  meetings,  to 
make,  amend  and  repeal  rules  and  by-laws  for  its  meetings  and  pro- 
ceedings, for  the  government,  regulation  and  management  of  the 
common  schools  and  school  property  in  such  city,  for  the  transaction 
of  its  business,  and  for  the  examination,  qualification  and  employ- 
ment of  teachers,  which  rules  and  by-laws  shall  be  binding  on  such 
Board  of  Education  and  all  parties  dealing  with  it  until  formally 
repealed  by  an  affirmative  vote  of  four  members  of  said  Board.  To 
provide  for  special  and  standing  committees,  and  to  certify  to  the 
General  Council  the  amount  of  money  necessary  for  the  maintenance 
and  improvement  of  the  schools  as  hereinafter  provided,  and  to  pur- 
chase and  hold  all  property,  real  and  personal,  necessary  for  the 


SCHOOL,  LAWS  OF  KENTUCKY.  87 

purposes  of  public  education,  to  build  and  construct  improvements 
for  such  purposes,  and  to  hold  or  sell  the  same. 

§  249.— Real  Estate — Power  to  Purchase  or  Condemn— It  shall  also 
have  power,  when  unable  to  contract  with  the  owner  of  any  real 
estate  necessary  to  the  proper  accomplishment  of  the  purpose  for 
which  said  Board  is  created,  to  institute  condemnation  proceedings 
in  accordance  with  the  law  governing  railroad  corporations  incor- 
porated under  the  laws  of  this  Commonwealth;  and  to  have  in  such 
proceedings  the  same  rights,  powers,  privileges  and  restrictions  as 
are  now  granted  to  or  conferred  upon  such  railroad  corporations. 
Such  Board  of  Education  shall  have  all  the  powers  of  other  school 
districts  under  the  laws  of  this  State,  except  as  herein  provided. 

§  250.— Eligibility  of  Members  of  Board — No  person  shall  be  eli- 
gible to  the  office  of  member  of  the  Board  of  Education,  who  has  not 
attained  the  age  of  thirty  years  and  one  who  is  not  a  housekeeper  or 
is  not  the  owner  of  real  estate  in  said  city,  and  who  is  not  a  citizen 
of  and  a  bona  fide  resident  of  this  Commonwealth  and  of  the  city  for 
which  he  is  elected  for  three  years  next  preceding  the  election;  or 
who  holds  or  discharges  any  office,  deputyship  or  agency  under  the 
city,  or  any  district  or  county,  or  under  the  State  of  Kentucky,  or  any 
department  thereof,  or  under  the  United  States  or  any  foreign  gov- 
ernment, except  that  of  notary  public  or  militia  officer  of  Kentucky. 
No  person  shall  be  eligible  to  this  office  who,  at  the  time  of  his 
election,  is  directly  or  indirectly  interested  in  any  contract  with  the 
Board,  or  who  holds  any  office  of  trust  or  agency  of  or  draws  a 
salary  from  any  corporation  which  holds  any  contract  with  the 
Board,  or  whose  father,  son,  brother,  wife,  daughter  or  sister  is  em- 
ployed as  teacher,  or  in  any  other  capacity  by  such  Board,  or  in 
any  of  the  public  schools,  or  who  is,  directly  or  indirectly,  inter- 
ested in  the  sale  to  the  Board  of  books,  stationery,  or  other  prop- 
erty. If  he  shall,  after  election,  become  a  candidate  for  any  office 
or  agency  or  for  the  nomination  thereto,  the  holding  and  discharging 
of  which  would  have  rendered  him  ineligible  before  election,  or  if 
he  shall  remove  out  of  the  city  for  which  he  was  chosen,  or  if  he 
shall  do  or  incur  anything  which  would  have  rendered  him  ineligible 
for  election,  or  if  any  of  his  relatives  above  specified  be  employed 
by  the  Board,  his  office  shall,  without  further  action,  be  vacant  and 
it  shall  be  filled  as  directed. 

§  251. — Compensation  of  Members — No  compensation  shall  be 
paid  to  the  members  of  the  Board,  but  they  shall  be  exempt  from 
jury  duty  and  from  service  as  election  officers  during  their  term  of 
office. 

§  252. — Term  of  Office — The  members  of  said  Board  of  Education 
shall  be  elected,  except  as  specified  in  section  253  of  this  Act,  for 
the  term  of  four  years  by  the  qualified  voters  of  such  city.  They 
shall  be  elected  from  the  city  at  large,  and  such  election  shall  be 
held,  und.er  lh.e  provisions  of  the  general  laws  governing  oity  el«c« 


88  SCHOOL  LAWS  OF  KENTUCKY. 

tions,  so  far  as  they  are  not  inconsistent  with  the  provisions  of  this 
Act. 

§  253. — Election  by  Secret  Ballot — General  Election  Law  to  Con- 
trol— All  elections  for  members  of  the  Board  of  Education  shall  be 
by  secret  ballot,  and  the  ballot  shall  be  on  a  separate  sheet  from 
all  other  ballots  to  be  used  in  any  election.  It  shall  be  the  duty  of 
the  County  Clerk  of  any  county,  in  which  a  city  of  the  first  class  is 
situated,  to  cause  to  be  printed  on  said  ballot  the  names  of  all  can- 
didates for  membership  of  the  Board  of  Education  of  such  a  city,  in 
whose  behalf  he  may  be  petitioned  so  to  do  in  writing  by  not  less 
than  four  hundred  electors  of  said  city.  The  petitions  must  be  filed 
in  the  office  of  the  County  Clerk  not  more  than  sixty  days  nor  less 
than  fifteen  days  before  the  day  of  election,  and  each  petition  must 
be  signed  by  the  requisite  number  of  qualified  persons,  and  shall 
show  the  place  of  residence  of  each  person  signing  it,  ana  no  person 
shall  sign  more  petitions  than  the  number  of  offices  to  be  filled.  If 
the  nomination  is  to  fill  a  vacancy,  the  petition  shall  so  state.  Where 
the  same  person  shall  be  nominated  for  a  full  term  and  to  fill  a  va- 
cancy, he  shall  be  accepted  as  a  candidate  for  the  full  term.  Said 
ballot  shall  be  in  the  form  prescribed  for  ballots  by  the  general  elec- 
tion law  of  the  State,  except  that  no  party  or  other  emblem  or  dis- 
tinguishing mark  shall  be  placed  upon  said  ballot,  save  the  words, 
"School  Ticket"  at  the  head  thereof;  and  that  the  names  of  all  can- 
didates for  membership  in  the  Board  of  Education  shall  be  printed 
on  said  ballot  in  a  single  column.  The  names  shall  be  printed  on  the 
first  one  hundred  ballots  as  arranged  in  order  by  lot.  On  each  of 
the  succeeding  one  hundred  ballots  the  names  shall  be  printed  in  the 
same  order,  save  that  the  last  name  on  the  preceding  one  hundred 
ballots  shall  be  shifted  to  the  first  place;  and  so  on  thereafter 
throughout,  a  like  change  being  made  in  the  printed  order  of  names 
for  every  one  hundred  ballots.  As  many  additional  lines  shall  be  left 
blank  as  there  are  members  to  be  elected.  The  provisions  of  the 
general  election  law  of  the  State  of  Kentucky  as  to  the  duties  of 
County  Clerks  and  other  public  officers  in  the  matter  of  printing  and 
distributing  ballots,  of  the  issuing  them  to  voters,  of  receiving  and 
depositing  them  in  the  ballot  boxes,  and  of  counting  and  preserving 
them,  and  in  all  other  particulars  except  as  otherwise  provided  here- 
in, shall  be  applicable  in  all  respects  to  the  election  of  members  of 
the  Board  of  Education:  Provided,  that  it  shall  be  the  duty  of  the 
Sheriff  of  each  county  in  which  a  city  of  the  first  class  is  situated,  to 
provide  for  each  precinct  in  said  city  a  separate  box  for  the  recep- 
tion of  the  ballots  used  in  the  election  of  members  of  the  Board  of 
Education.  And  provided,  further,  that  it  shall  be  the  duty  of  the 
judge  of  election  of  the  opposite  political  party  to  the  clerk  of  the 
election  in  each  precinct  to  issue  the  school  ballots  in  the  same 
manner  as  other  ballots  are  issued  by  the  clerk  of  election  by  writ- 
ing the  name  and  the  residence  of  the  voter  upon  the  primary  stub, 


SCHOOL  LAWS  OF  KENTUCKY.  89 

and  his  registered  number  upon  the  secondary  stub  of  the  school 
ballot,  and  by  observing,  as  to  these  ballots,  such  other  regulations 
for  the  issue  and  deposit  of  ballots  as  may  be  prescribed  for  elec- 
tions generally.  It  shall  be  unlawful  for  an  election  officer  or  other 
person  within  the  election  booth  to  tell  or  to  indicate  by  word  of 
mouth  or  otherwise  to  a  voter  what  may  be  the  political  affiliations  of 
any  candidate,  and  a  violation  of  this  provision  shall  be  a  misde- 
meanor punishable  by  fine  not  exceeding  two  hundred  dollars. 

§  254. — Members  to  be  Voted  For — Each  voter  may  vote  for  as 
many  of  said  candidates  as  there  are  members  to  be  elected  by  mak- 
ing a  cross  in  the  square  opposite  the  name  of  each  candidate  for 
whom  he  wishes  to  vote.  The  candidates,  in  number  equal  to  the 
number  of  members  to  be  chosen,  who  have  the  highest  number  of 
votes  shall  be  declared  elected.  If  at  any  election  a  member  is  to 
be  chosen  to  fill  a  vacancy  and  to  serve  out  an  unexpired  term,  can- 
didates may  be  chosen  as  above  provided,  but  they  shall,  in  all 
cases,  be  designated  on  the  ballots  as  candidates  to  fill  a  vacancy, 
and  the  date  of  the  unexpired  term  shall  be  stated. 

§  255. — Organization  of  Board — At  the  general  election  occurring 
in  the  month  of  November,  1910,  five  members  of  the  Board 
of  Education  shall  be  elected  as  herein  provided.  After  having 
qualified  by  taking  the  oath  prescribed  by  law,  they  shall  assume 
office  on  the  first  day  of  January,  1911,  and  shall  meet  at  the  offices 
of  the  present  School  Board  of  said  city  at  twelve  o'clock  noon,  and 
shall  proceed  to  organize  by  electing  one  of  their  number  Presi- 
dent, and  another  Vice-president.  Within  one  week  after  the  organi- 
zation of  said  Board  it  shall  meet  to  divide  its  members  by  lot  in 
such  manner  as  they  shall  determine  into  two  classes,  as  follows:  The 
first  class  consisting  of  two  members,  shall  hold  office  through  the 
31st  day  of  December,  1912,  the  second  class  consisting  of  three 
members,  shall  hold  office  through  the  31st  day  of  December,  1914. 
Thereafter  at  each  regular  election  held  in  November  of  each  even- 
numbered  year,  members  shall  be  elected  as  hereinbefore  provided, 
to  take  the  place  of  those  whose  terms  will  next  expire,  and  the 
members  so  chosen  shall  hold  office  for  four  years,  or  until  their 
successors  are  elected  and  qualified. 

§  256.— President  and  Vice-President  to  be  Elected— At  its  first 
regular  meeting  after  the  1st  day  of  January,  in  each  year,  following 
its  original  organization,  said  Board  of  Education  shall  reorganize  by 
electing  one  of  its  members  President,  and  another  Vice-president. 

§  257.— Vacancies — How  Filled— Any  vacancy  in  said  Board,  from 
whatever  cause  occurring,  shall  be  temporarily  filled  by  the  other 
members  of  the  Board  as  soon  as  practicable  after  such  vacancy 
occurs.  The  member  <so  chosen  shall  hold  office  until  his  successor 
is  elected  and  qualified,  subject  to  the  provisions  of  Section  152  of 
the  Constitution  of  Kentucky. 

§  258.— Board   of   Education  to   Surrender  School    Property — When 


90  SCHOOL,  LAWS  OF  KENTUCKY. 

members  of  the  Board  of  Education  shall  have  been  elected,  shall 
have  qualified,  and  shall  have  organized  as  hereinbefore  provided, 
thereupon  it  shall  become  the  duty  of  the  existing  School  Board  and 
all  officers,  agents  and  employes  thereof  to  surrender  their  places  an1 
to  deliver  to  said  Board  of  Education  all  the  common  school  prop- 
erty, both  real  and  personal,  of  every  kind  whatsoever,  and  the  con- 
trol and  management  of  the  common  school  affairs  of  such  city:  Pro- 
vided, that  until  such  Board  of  Education  shall  be  organized,  the 
administration  of  the  common  schools  and  the  management  of  school 
property  in  such  city  shall  remain  in  the  control  of  the  existing 
School  Board  in  the  same  manner  and  with  the  same  powers  as 
existed  prior  to  the  passage  of  this  Act.  All  rules  and  by-laws  made 
by  any  existing  School  Board  at  such  time  vested  in  such  city  with 
the  management  of  the  common  schools  shall  continue  in  force,  so 
far  as  consistent  with  this  Act,  until  repealed  or  altered  by  a  major- 
ity of  such  Board  of  Education.  Provided,  further,  that  the  first 
Board  of  Education  may  continue  the  employment  and  service  of  any 
existing  officers,  teachers,  agents  or  other  employes,  in  their  several 
capacities  in  connection  with  the  administration  of  school  affairs, 
until  such  time  as  they  effect  the  change  of  administrative  system 
applicable  to  the  common  schools  as  contemplated  in  this  Act;  and 
said  Board  of  Education  may  thereafter  retain  or  remove  any  agents, 
teachers,  janitors,  engineers  or  other  employes  then  rendering  ser- 
vice in  connection  with  the  public  schools  of  said  city. 

§  259. — Rules  and  By-Laws—It  shall  be  the  duty  of  said  Board  of 
Education,  within  sixty  days  after  its  organization,  to  adopt  rules  and 
by-laws  for  its  meetings  and  proceedings,  and  for  the  government, 
regulation  and  management  of  the  schools  and  school  property,  and 
for  the  examination,  qualification  and  employment  of  teachers.  And 
such  rules  or  by-laws  may  be  changed,  altered,  or  set  aside,  only 
upon  an  affirmative  vote  of  four  (4)  members  of  the  Board. 

§  260. — Appointment  of  Officers — It  shall  be  the  duty  of  said  Board 
of  Education,  as  soon  as  practicable  after  its  organization,  to  appoint 
a  Superintendent  of  Schools,  a  Business  Director,  a  Secretary  and 
Treasurer,  and  such  other  officers,  employes  and  agents  as  it  may 
deem  proper:  Provided,  that  no  such  officer,  employe  or  agent  shall 
be  a  member  of  said  Board. 

§  261. — Superintendent  of  Schools  Appointed  for  One  Year — 
Powers  and  Duties — The  Board  of  Education  shall  appoint  a  Super- 
intendent of  Schools  who  shall  serve  for  a  term  of  one  year,  but 
whenever  a  Superintendent  who  shall  have  served  one  year  shall  be 
re-elected,  his  re-election  shall  be  for  a  term  of  four  years.  His  com- 
pensation shall  not  be  changed  during  the  term  for  which  he  is 
elected.  He  may  be  removed  at  any  time  by  a  vote  of  three-fifths 
of  the  entire  Board.  The  Board  of  Education  may,  on  the  nomina- 
tion of  the  Superintendent  of  Schools,  appoint  as  many  Assistant 
Superintendents  as  it  may  deem  necessary,  whose  compensation 


SCHOOL  LAWS  OF  KENTUCKY.  91 

shall  be  fixed  by  the  Board,  and  who  may  be  removed  by  the  Super- 
intendent with  the  approval  of  the  Board.  The  Superintendent  of 
Schools  shall  qualify  by  taking  the  oath  prescribed  by  law.  He 
shall  have  general  supervision,  subject  to  the  control  of  the  Board, 
of  the  course  of  instruction,  discipline  and  conduct  of  the  schools, 
text  books  and  studies;  and  all  appointments,  promotions  and 
transfers  of  teachers  and  truant  officers,  and  introduction  and 
changes  of  text  books  and  apparatus,  shall  be  made  only  upon  the 
recommendation  of  the  Superintendent  and  the  approval  of  the 
Board.  The  Superintendent  shall  have  the  power  to  suspend  any 
teacher  or  truant  officer  for  cause  deemed  by  him  sufficient,  and  the 
Board  of  Education  shall  take  such  action  upon  the  restoration  or  re- 
moval of  such  person  as  it  may  deem  proper.  All  appointments  and 
promotions  of  teachers  shall  be  made  upon  the  basis  of  merit,  to 
be  ascertained,  as  far  as  practicable,  in  cases  of  appointments,  by 
examination,  and  in  cases  of  promotion,  by  length  and  character  of 
service.  Examination  for  appointment  shall  be  conducted  by  the 
Superintendent  in  accordance  with  the  State  law  for  the  certifica- 
tion of  teachers,  and  under  such  other  regulations  as  may  be  made 
by  the  Board.  The  Superintendent  of  Schools  shall  devote  himself 
exclusively  to  the  duties  of  his  office,  and  shall  have  power  to  ap- 
point clerks,  whose  number  and  salaries  shall  be  fixed  by  the  Board, 
and  shall  have  power  to  remove  the  same;  shall  exercise  a  general 
supervision  over  the  schools  of  the  city,  examine  their  condition  and 
progress  and  shall  keep  himself  informed  as  to  the  progress  of  edu- 
cation in  other  cities.  He  shall  advise  himself  of  the  need  of  exten- 
sion of  the  School  System  of  the  city,  shall  make  reports  from  time" 
to  time  as  may  be  fixed  by  the  rules  or  directed  by  the  Board,  and 
shall  be  responsible  to  the  Board  for  the  condition  of  the  instruc- 
tion and  discipline  of  the  schools.  The  term  "teachers,"  as  used 
herein,  shall  include  supervisors,  supervising  principals  and  prin- 
cipals. 

§  262. — Business  Director — Compensation — Duty — The  Board  shall 
appoint  a  Business  Director,  who  shall  serve  for  a  term  of  one  year, 
but  whenever  a  Business  Director  who  shall  have  served  one  year 
shall  be  re-elected,  his  re-election  shall  be  for  a  term  of  four  years, 
but  he  may  be  removed  at  any  time  by  a  vote  of  three-fifths  of  the 
entire  Board.  His  compensation  shall  not  be  changed  during  the 
term  for  which  he  is  elected.  The  Business  Director  shall  qualify  by 
taking  the  prescribed  oath,  and  shall  be  the  executive  officer  of  the 
Board.  He  shall  execute  for  the  Board  in  the  name  of  the  Board 
its  contracts  and  obligations;  he  shall  see  that  all  contracts  made 
by  or  with  said  Board  are  fully  and  faithfully  performed;  he  shall 
have  the  care  and  custody  of  all  property  of  the  Board  of  Education, 
real  and  personal,  except  moneys;  he  shall  oversee  the  construction 
of  buildings  in  process  of  erection  and  repairs  of  buildings  owned 
or  controlled  by  the  Board;  shall  advertise  for  bids,  and  shall  pur- 


92  SCHOOL,  LAWS  O>F  KENTUCKY. 

chase  all  supplies  and  equipments  authorized  by  the  Board;  and,  gen- 
erally, shall  execute  and  carry  into  effect  all  matters  and  things  of 
authority  for  which  shall  have  been  granted  by  the  Board,  as  herein 
provided. 

§  263. — Bond  to  be  Given  by  Business  Director — The  Business 
Director  shall  devote  his  entire  time  to  the  duties  of  his  office,  and 
shall  receive  an  annual  salary  to  be  fixed  by  the  Board  at  the  be- 
ginning of  each  term,  and  payable  monthly  out  of  the  School  Fund 
of  the  City.  Before  entering  upon  the  discharge  of  the  duties  of  his 
office  he  shall  give  a  bond  for  the  faithful  performance  thereof  in 
the  sum  of  ten  thousand  dollars,  with  a  surety  company,  to  be  ap- 
proved by  the  Board,  which  bond  shall  be  paid  for  by  the  Board  and 
be  deposited  with  the  Secretary  and  Treasurer  within  twenty  days 
from  date  of  election,  and  preserved  by  him. 

§  264. — Janitors  and  Engineers  to  be  Appointed  by  Business  Direc- 
tor— Subject  to  the  approval  of  the  Board  of  Education  as  to  the 
number  and  salaries,  the  Business  Director  shall  have  power  to  ap- 
point, with  the  approval  of  the  Board  of  Education,  as  many  engi- 
neers, janitors  and  other  employes  and  agents  as  may  be  necessary 
for  the  proper  performance  of  the  duties  of  his  department,  for  whom 
he  shall  be  responsible,  and  whom  he  shall  have  power  to  remove; 
but  the  Board  of  Education  may  provide  for  a  competitive  examina- 
tion for  the  positions  of  janitors  and  engineers;  and  when  such  pro- 
vision shall  have  been  made,  the  Business  Director  shall  be  required 
by  the  Board  to  appoint  janitors  and  engineers  from  the  list  ob- 
tained by  such  examination.  He  shall  appoint  such  assistants  and 
deputies  as  may  be  authorized  by  the  Board,  whose  compensation 
shall  be  fixed  by  the  Board;  and  one  of  said  assistants  shall  be  a  train- 
ed and  educated  mechanical  engineer,  qualified  to  design  the  heating, 
ventilating  and  sanitary  machinery  and  apparatus  connected  with 
the  school  buildings.  Such  assistants  and  deputies  shall  be  subject 
to  removal  by  the  Business  Director  who  shall  be  responsible  for  the 
proper  performance  of  their  duties.  He  shall  perform  such  other 
duties  as  may  be  required  of  him  by  the  Board. 

§  265. — Contracts  to  Lowest  Bidders — All  contracts  for  the  erec- 
tion of  school  buildings  and  all  contracts  for  repairs  and  alteration 
in  school  property,  exceeding  the  amount  of  fifty  dollars,  shall  be 
made  by  the  Board  after  public  letting  to  the  lowest  responsible  bid- 
der, but  it  may  reject  all  bids.  The  necessary  specifications  and 
drawings  shall  be  prepared  for  all  such  work,  and  bids  therefor  shall 
be  solicited  by  such  advertisement  as  the  Board  may  provide.  All 
other  work  of  construction  and  repairs  shall  be  -made  directly  by 
the  Business -Director,  as  herein  provided.  For  all  work  of  construc- 
tion and  repairs  authorized  to  be  done  directly  by  the  Business  Director 
he  shall  furnish  the  necessary  specifications  and  drawings,  except 
in  cases  of  emergency,  and  where  the  cost  shall  not  exceed  the  sum 
of  two  hundred  dollars,  and  shall  solicit  bids  for  such  work  as  may 


SCHOOL  LAWS  OF  KENTUCKY.  93 

be  provided  for  by  the  Board.  No  bids  shall  be  entertained  by  the 
Business  Director  which  are  not  made  in  accordance  with  the  speci- 
fications furnished  by  him,  and  all  contracts  shall  be  let  to  the  low- 
est responsible  bidder  complying  with  the  terms  of  the  letting;  Pro- 
vided, however,  that  the  said  Business  Director  shall  have  the  right 
to  reject  any  and  all  bids. 

§  266. — Advertisement  for  Supplies — The  Board  shall,  at  or  prior 
to  the  beginning  of  each  fiscal  year,  cause  advertisements  to  be  made 
under  such  regulations  as  it  may  provide  for  proposals  for  furnish- 
ing the  supplies  required  in  the  schools  and  by  the  Board  in  the 
ensuing  year;  and  every  contract  therefor  shall  be  awarded  to  the 
lowest  responsible  bidder  complying  with  the  terms  of  the  letting: 
Provided,  however,  that  said  Board  shall  have  and  reserve  the 
right  to  reject  all  bids.  If  other  supplies  are  required  during  the 
year,  they  shall  be  furnished  under  contracts  awarded  in  like  man- 
ner; but  the  Board  may  authorize  the  purchase  of  supplies  not  ex- 
ceeding fifty  dollars  in  amount  without  letting  or  contract.  The 
Board  shall  make  distribution  of  supplies  through  such  agencies  and 
in  such  manner  as  it  deems  proper. 

§  267. — Secretary  and  Treasurer  to  be  Appointed— The  Board  shall 
appoint  an  officer,  who  shall  be  Secretary  and  Treasurer,  and  shall 
serve  for  a  term  of  one  year,  but  whenever  a  Secretary  and  Treas- 
urer shall  have  served  one  year  and  be  re-elected,  his  election  shall 
be  for  a  term  of  four  years,  but  he  may  be  removed  at  any  tim€ 
by  a  vote  of  three-fifths  of  the  entire  Board.  He  shall  give  bond 
in  such  sum  as  the  Board  may  require,  which  shall  not  be  less  than 
$50,000.00,  with  a  Surety  Company  to  be  approved  by  the  Board,  such 
bond  to  be  paid  for  by  the  Board  and  be  deposited  with  the  Presi- 
dent of  the  Board  within  twenty  days  from  date  of  election  and  pre- 
served by  him.  The  compensation  of  such  officer  shall  be  fixed  by 
the  Board  of  Education  before  his  election,  and  shall  not  be  changed 
during  the  term  for  which  he  is  elected.  He  shall  exercise,  subject 
to  the  control  of  the  Board,  general  supervision  over  the  fiscal  af- 
fairs of  the  public  schools  of  the  city,  the  collection  and  payment  of 
funds  to  the  school  depositaries,  and  the  disbursement  of  all  revenues 
and  moneys  belonging  to  the  Board.  He  shall  record  the  proceedings 
of  the  Board  in  such  manner  as  may  be  directed  by  the  Board,  and 
shall  deposit  daily  in  the  designated  depositary  of  the  Board  all 
moneys  collected  or  received  by  him  for  the  Board.  He  shall  furnish 
to  the  Board  at  the  beginning  of  each  month  a  statement  of  receipts 
and  disbursements  of .  the  preceding  month;  and  at  the  end  of  the 
fiscal  year  he  shall  make  to  the  Board  a  full  and  comprehensive  re- 
port of  its  financial  affairs  for  the  preceding  year.  He  shall  be  the 
custodian  of  all  securities,  documents,  title  papers,  books  of  record 
and  other  papers  belonging  to  the  Board,  under  such  conditions  as 
the  Board  may  direct.  It  shall  be  his  duty  to  see  that  no  liability 
is  incurred  or  expenditure  made  without  due  authority  of  law,  that 


94  SCHOOL  LAWS  OF  KENTUCKY. 

appropriations  are  not  overdrawn  and  that  all  expenditures  are 
charged  to  the  appropriations  for  which  they  are  made.  Subject  to 
the  approval  of  the  Board,  he  shall  have  power  to  appoint  assistants, 
for  whom  he  shall  be  responsible  and  whom  he  may  remove.  He 
shall  perform  such  other  duties  as  may  be  required  of  him  by  fhe 
Board. 

§  268 — Depositaries  to  be  Selected — The  Board  shall,  in  the  month 
of  June  of  each  year,  advertise  for  bids  from  the  banks  and  trust 
companies  in  such  city  for  the  current  deposits  of  such  Board,  to  be 
secured  by  bond  with  surety  to  be  approved  by  the  Board  in  an 
amount  to  be  fixed  by  the  Board,  and  said  bids  shall  specify  the  rate 
of  interest  to  be  allowed  to  said  Board  on  such  deposits  and  the 
nature  of  the  security  offered;  and  such  deposits  shall  be  annually 
awarded  to  the  two  institutions,  banks  or  trust  companies  that  offer, 
with  the  required  security,  the  highest  rates  of  interest  therefor; 
and  the  Board  shall  cause  contracts  for  the  ensuing  year  to  be  made 
with  such  banks  or  trust  companies  so  receiving  the  award  of  such 
deposits.  All  moneys  due  the  Board,  from  any  source  whatsoever, 
shall  be  paid  to  the  Secretary  and  Treasurer,  who  shall  thereupon 
cause  all  funds  received  to  be  paid  into  such  designated  depositaries, 
the  balances  in  each  to  be  kept  as  nearly  equal  as  practicable. 
The  fiscal  year  of  the  Board  shall  end  on  the  30th  day  of  June  of 
each  year,  and  the  annual  contract  shall  be  made  in  the  month  of 
June  of  each  year  for  the  deposits  of  the  succeeding  fiscal  year. 
The  funds  of  the  Board  deposited  in  bank  shall  be  withdrawn  only 
on  the  order  of  the  Board,  evidenced  by  the  check  of  its  Secretary 
and  Treasurer,  countersigned  by  the  President  of  the  Board,  or,  in 
his  absence  or  disability  by  the  Vice-president. 

§  269. — Apportionment  of  Revenues — Jt  shall  be  the  duty  of  the 
Board  at  the  beginning  of  each  fiscal  year  to  apportion  the  revenues 
available  for  that  year  to  the  different  departments,  for  expenditure 
in  support  of  the  schools  for  that  year,  and  no  report  or  resolution 
shall  be  adopted  by  the  Board  calling  for  the  expenditure  of  money 
unless  it  states  specifically  the  fund  from  which  the  appropriation  is 
to  be  made,  and  is  accompanied  by  the  certificate  of  the  Secretary 
and  Treasurer  showing  sufficient  balance  in  such  fund  available  for 
such  expenditure. 

§  270. — Money  May  be  Borrowed — The  Board  shall  have  power  to 
borrow  money  on  the  credit  of  the  Board  in  anticipation  of  the 
revenue  from  school  taxes  for  the  fiscal  year  in  which  the  same  is 
borrowed  and  to  pledge  said  school  taxes  for  the  payment  of  the 
principal  and  interest  of  said  loan:  Provided,  that  the  interest  paid 
shall  in  no  case  exceed  six  per  cent,  per  annum  and  the  principal 
shall  in  no  case  exceed  fifty  per  cent,  of  the  anticipated  revenue. 

§  271. — Tax  Levy— To  raise  money  for  the  maintenance  of  the 
schools  the  General  Council  shall  annually  cause  to  be  levied  and 
collected  a  tax  of  not  less  than  thirty-six  cents  (.36)  on  each  one 


SCHOOL  LAWS  OF  KENTUCKY.  95 

hundred  ($100.00)  dollars  of  property  assessed  for  taxation  for  city 
purposes.  Upon  trie  completion  of  the  assessment  of  property  for 
taxation,  the  amount  levied  as  above  shall  annually  be  passed  to  the 
credit  of  the  school  fund,  upon  the  books  of  the  city,  and  the  said 
amount,  as  collected,  shall  be  paid  over  to  the  Board  by  the  Treas- 
urer of  the  city,  in  regular  monthly  installments,  the  first  payment 
to  be  made  within  one  week  after  the  collection  of  said  amount  shall 
have  been  commenced  and  the  other  payments  to  be  made  weekly 
thereafter  in  current  money  by  the  said  Treasurer  as  collected. 

§  272. — School  Fund — For  the  maintenance  of  the  schools  there 
Fhall  be  appropriated  the  sum  or  sums  which  may  be  received  from 
year  to  year  as  the  City's  portion  of  the  school  fund  of  this  Com- 
monwealth. 

§  273. — Property  to  Escheat — So  much  real  or  mixed  property  in 
the  city,  which  from  alienage,  defect  of  heirs,  failure  of  kindred 
or  other  causes,  shall  escheat  to  the  Commonwealth  of  Kentucky 
shall  vest  in  the  Board  for  the  use  and  benefit  of  the  common 
schools.  Said  Board  may,  in  the  name  of  the  Commonwealth,  for 
the  use  and  benefit  of  the  common  schools  of  the  city,  by  its  Presi- 
dent or  other  officer  to  be  designated  by  it,  enter  upon  and  take 
possession  of  said  property  or  sue  for  and  recover  the  same  by  an 
action  at  law  or  in  equity,  and  without  office  found.  The  Board  may 
sell  and  convey  any  of  such  property  by  warranty,  deed  or  other- 
wise. 

§  274.— Duty  of  Officers  as  to  Collection  of  Taxes — All  officers  of 
any  city  of  the  first  class,  and  of  the  State,  concerned  with  the  as- 
sessment and  collection  of  taxes,  fines  and  penalties  shall  perform 
such  duties  in  relation  to  the  levying  and  collection  of  school  taxes 
and  the  collection  of  such  fines  and  penalties,  and  the  payment  there- 
of to  said  Board  for  school  purposes,  as  are  now  imposed  by  the 
existing  laws  upon  such  officers  in  relation  to  the  levy  and  collection 
of  school  taxes  and  the  collection  of  fines  and  penalties  payable  to 
the  school  funds;  and  nothing  in  this  Act,  unless  inconsistent  there- 
with, shall  be  construed  as  repealing  any  existing  law  providing  for 
the  assessment  and  collection  of  school  taxes  in  such  city;  and  all 
powers  and  duties  conferred  by  existing  law  upon  any  Board  in  rela- 
tion thereto  shall  be  continued  in  the  Board  created  by  this  Act. 

§  275.— Books  to  be  Audited  by  Expert  Accountant— <At  the  close 
of  each  fiscal  school  year  the  Mayor  of  such  city  shall  appoint  one 
or  more  expert  accountants,  who  shall  examine  the  books,  accounts 
and  vouchers  of  the  Secretary  and  Treasurer,  Business  Director,  and 
all  other  departments  of  expenditures  of  the  Board,  and  shall  make 
due  report  thereof  to  the  Mayor  and  Board  of  Education  of  such  city. 
All  the  officers  and  employes  of  the  Board  shall  produce  and  submit 
to  such  accountants  for  examination  of  all  books,  papers,  documents, 
vouchers  and  accounts  in  their  office  belonging  to  the  same  or  thereto 
pertaining,  and  shall  in  every  way  assist  said  accountants  in  their 


96  SCHOOL  LAWS  OF  KENTUCKY. 

work.  In  the  report  to  be  made  by  said  accountants  they  may  make 
any  recommendation  they  deem  proper  as  to  the  business  methods  of 
such  officers  and  employes.  A  reasonable  compensation  for  such  ser- 
vices shall  be  paid  by  the  Board. 

§  276 — Kindergartens — Power  to  Establish— The  Board  shall  have 
the  power  to  establish  and  maintain  kindergartens  for  children  from 
tour  to  six  years  of  age,  high  schools,  manual  training  schools  and 
a  normal  school  and  normal  training  classes  for  the  purpose  of  train- 
ing teachers  to  fill  positions  in  the  schools  of  the  city,  and  to  this 
end  it  may  prescribe  rules  and  regulations  for  the  government  of  such 
schools,  and  as  in  other  cases  it  may  employ  the  principals  and  other 
teachers  necessary  for  their  efficient  management. 

§  277.— Separate  Schools  for  White  and  Colored  Children — The 
Board  shall  provide,  maintain  and  support  separate  schools  wherein 
all  colored  children,  who  are  bona  fide  residents  of  said  city,  between 
the  ages  of  six  and  twenty  years,  may  be  taught  in  like  manner  as 
herein  provided  for  white  children.  Said  schools  for  colored  children 
shall  be  entitled  to  the  same  benefits,  be  governed  by  the  same  rules 
and  regulations,  and  be  subject  to  the  same  restrictions  as  the 
schools  herein  provided  for  the  white  children. 

§  278.— Qualifications  of  Pupils  Fixed  by  Board — The  Board  shall 
prescribe  the  necessary  qualifications  and  mode  of  examination  for 
applicants  for  admission  to  the  various  schools,  and  may  furnish  text 
books  and  necessary  school  supplies  to  pupils  free  of  charge  under 
such  rules  and  regulations  as  it  may  adopt. 

§  279. — Religious  Dogmas — No  formula  of  religious  belief  shall  be 
taught  or  inculcated,  nor  shall  any  class  or  any  text  book  be  used 
which  reflects  on  any  religious  denomination. 

§  280.— Pupils  Admitted  from  beyond  City— The  Board  shall  have 
power  to  admit  to  the  school  pupils  from  beyond  the  city  limits,  and 
shall  collect  from  all  persons  so  admitted  tuition  fees  for  the  benefit 
of  the  school  fund  of  the  city,  but  may  make  equitable  allowance  or 
reduction  for  taxes  paid  for  schools  by  such  children  or  their  parents 
on  property  in  the  city.  Children  of  persons  residing  outside  of  the 
city  limits  shall  not  be  admitted  as  pupils  into  any  of  the  public 
schools,  except  upon  payment  of  such  tuition  as  the  Board  may  re- 
quire as  aforesaid. 

§  281.— Reports  to  be  Made — Census  to  be  Taken— A  city  of  the 
first  class  being  deemed  one  school  district  for  taxation  purposes 
and  entitled  to  its  proportion  of  the  common  school  fund  of  the  Com- 
monwealth, the  Board  of  Education  of  such  city  shall  make  detailed 
reports  annually  and  special  reports  as  required  to  the  State  Super- 
intendent of  Public  Instruction.  The  Board  shall  also,  in  the  year 
1911,  and  every  third  year  thereafter,  take  the  census  of  children  of 
school  age  and  make  returns  thereof  to  the  Superintendent  of  Public 
Instruction,  at  the  same  time  other  school  officers  are  required  to 
make  returns;  and  for  the  neglect  of  this  duty  the  members  of  the 


SCHOOL,  LAWS  OF  KENTUCKY.  9? 

Board  shall  be  liable  to  the  same  penalties.  This  census  shall  be 
taken  under  regulations  approved  by  the  State  Board  of  Education. 
For  the  years  in  which  no  census  is  required  to  be  taken,  the  Super- 
intendent of  Public  Instruction  shall  determine  the  amount  per  capita 
to  be  paid  over  to  the  board  of  education  of  such  cities  by  adding  an- 
nually to  the  number  of  children  of  school  age,  as  shown  by  the  next 
preceding  census  actually  taken,  such  increase  or  addition  as  he  may 
ascertain  to  be  the  annual  increase  of  children  of  school  age  in  the 
district  upon  averaging  the  yearly  increase  shown  by  the  three  actual 
enumerations  next  preceding:  Provided,  however,  that  the  Board  of 
Education  of  any  such  city  or  the  Superintendent  of  Public  Instruction 
may  elect  to  take  an  actual  census  in  any  of  such  years,  in  which 
case  the  return  of  such  census  shall  govern. 

§  282.— Report  of  Business  Director  and  Treasurer— The  Board 
shall,  at  the  end  of  each  scholastic  year,  prepare  and  publish,  foi 
the  information  of  the  public,  a  report  which  shall  include  the  annual 
reports  made  to  the  Board  by  the  Superintendent,  Business  Director 
and  Secretary  and  Treasurer,  together  with  such  other  information 
as  may  be  proper  and  necessary  to  an  understanding  of  the  general 
condition  and  educational  progress  of  the  schools  during  the  preced- 
ing year. 

§  283.— Penalty — Any  member,  officer  or  employe  of  such  Board 
who  shall  wilfully  violate  any  of  the  provisions  of  this  act  shall  be 
deemed  guilty  of  a  misdemeanor,  and  on  conviction  shall,  unless 
otherwise  herein  provided,  be  punished  by  a  fine  of  not  more  than 
five  hundred  dollars  or  imprisonment  not  exceeding  one  year,  or  by 
both  fine  and  imprisonment,  in  the  discretion  of  the  jury.  But  noth- 
ing  herein  contained  shall  be  construed  as  suspending  the  general 
criminal  laws  of  the  State  so  far  as  applicable. 

§  284. — Repealing  Clause — The  general  school  laws  of  this  State 
and  all  laws  and  parts  of  laws  applicable  to  the  general  system  of 
common  schools  in  a  city  of  the  first  class  and  not  inconsistent  here- 
with, shall  be  in  full  force  and  effect  in  such  city.  (Act  of  1910.) 


OLD  LAW. 

(Note. — The  following  sections  of  the  old  law  as  to  cities  of  the 
First  Class  are  inserted  for  "the  reason  that  there  is  doubt  as  to 
whether  or  not  they  are  repealed  by  the  act  of  1910.) 

§  285. — Appropriation  of  Money — No  appropriation  of  money  shall 
be  made  by  the  board,  except  upon  the  affirmative  vote  of  a  majority 
of  the  members.  The  vote  shall  be  entered  upon  its  records. 

§  286.— Record  of  Proceedings— All  proceedings  of  the  board  shall 
be  entered  in  a  book  provided  for  that  purpose.  This  book  shall  be  a 
public  record,  and  at  all  times  be  open  to  the  inspection  of  the  citi- 
zens. 


S.  L.  4. 


98  SCtliOO.L  LAWS  OF  KENTUCKY. 

§  287.— Adoption  of  Text  Books — The  board  shall  prescribe  the 
branches  of  education  to  be  taught  and  the  text  books  to  be  used. 
Text  books  once  adopted  shall  not  be  changed  except  by  unanimous 
consent  of  the  board  until  notice  of  said  proposed  change  shall  be 
given  and  entered  upon  the  records  of  the  board  one  full  scholastic 
year,  and  then  only  by  the  affirmative  vote  of  not  less  than  two- 
thirds  of  the  members. 

§  288. — Perquisites — No  fees  or  perquisites  shall  be  received  by 
said  secretary.  Interest  paid  on  deposits  must  be  accredited  to  the 
board. 

§  289. — Charges  Against  Officers  and  Teachers — In  investigation 
of  charges  or  complaint  against  any  of  its  members,  officers, 
principals,  teachers  or  other  employes,  the  board,  or  its  committee 
on  grievances,  shall  have  the  power  to  summons  witnesses,  and  by 
its  chairman  administer  oath.  Any  wilful  disregard  of  said  sum- 
mons or  process  may  be  punished  by  any  judge  of  the  circuit  court 
on  complaint  of  the  board  as  contempt  of  such  court  is  punished. 

§  290. — Punishment  of  Members — The  board  may  punish  its  mem- 
bers  for  misconduct  by  reprimand  or  expulsion  from  office,  and  pun- 
ish its  officers,  principals,  teachers  and  employes  by  reprimand,  sus- 
pension, forfeiture  of  pay  or  dismissal,  as  it  may  judge  appropriate 
for  the  offense  committed.  Any  officer  or  member  of  said  board  who 
shall  receive  any  money  or  other  thing  of  value,  directly  or  indirectly, 
for  his  vote  or  influence  in  favor  of  any  measure  upon  which  he  shall 
act  officially,  shall  be  deemed  guilty  of  a  felony,  and  upon  conviction 
thereof,  be  confined  in  the  penitentiary  not  less  than  two  nor  more 
than  ten  years. 

§  291. — Appropriations — 'For  the  maintenance  of  the  schools 
there  shall  be  appropriated  the  sum  or  sums  which  may  have  been 
received  from  year  to  year  as  the  city's  portion  of  the  school  fund 
of  this  Commonwealth. 

§  292. — Certificate  of  Teachers — A  certificate  granted  to  any 
person  shall  be  void,  if  the-  holder  thereof  shall  not  receive  regular 
employment  of  the  board  within  five  years  from  its  date,  but  may 
be  renewed  by  another  examination.  The  board  •  may  revoke  any 
certificate  issued  by  it  for  any  cause  by  it  deemed  sufficient. 

§  293. — Census  Enumerator,  Per  Diem — Penalty  of  Fraud — 
Average  Census — The  secretary  of  the  board  shall  employ,  subject 
to  the  approval  of  the  board,  a  sufficient  number  of  enumerators  to 
take  the  census  within  the  time  required  by  law  and  may,  subject 
to  the  same  approval,  remove  without  notice,  any  enumerator  for 
incompetency,  neglect  of  duty,  malfeasance  or  misfeasance,  and  at 
once  fill  a  vacancy  arising  from  this  or  any  other  cause:  Provided, 
however,  that  said  school  board  shall  be  allowed  thirty  additional 
days  if  in  their  opinion  the  same  is  deemed  necessary  for  an  accurate 
and  complete  census.  Each  enumerator  shall  be  at  least  twenty-one 
years  of  age  and  a  bona  fide  resident  of  the  ward  whose  territory 


SCHOOL,  LAWS  OF  KENTUCKY.  99 

or  a  part  of  whose  territory  he  is  appointed  to  enumerate,  and  shall 
take  an  oath  or  affirmation  that  he  will  take  the  census  accurately 
and  truly  to  the  best  of  his  skill  and  ability.  The  census  shall  be 
returned  by  wards,  each  block  of  which  shall  be  enumerated  on  a 
separate  list  or  lists,  the  street  and  number  of  residence,  if  any,  of 
such  person  so  listed,  to  be  given.  The  list  shall  be  made  out  in 
duplicate,  one  to  be  filed  with  the  school  board  and  one  to  be  for- 
warded to  the  Superintendent  of  Public  Instruction  as  aforesaid. 
No  enumerator  shall  take  the  census  of  any  child  not  residing  in  the 
territory  to  which  he  is  assigned  nor  of  children  who  have  recently 
removed  into  the  district  and  who  have  been  previously  reported 
in  the  census  of  pupil  children  for  the  year  in  the  district  from  which 
they  have  removed  or  who  have  recently  removed  into  the  district 
from  another  State  or  county.  Nor  shall  more  than  one  enumer- 
ator be  assigned  to  the  same  territory.  In  case  of  any  parent, 
guardian,  head  of  family,  master  of  apprentice  or  any  person  em- 
ploying, having  charge  of  or  harboring  any  child  entitled  to  school 
privileges,  shall  refuse  to  report  to  the  enumerator  any  facts  re- 
quired herein  necessary  to  the  full  and  accurate  census,  he  shall  be 
deemed  guilty  of  a  misdemeanor,  and,  upon  conviction,  shall  be 
fined  not  less  than  five  nor  more  than  twenty-five  dollars.  Each 
enumerator  shall,  when  making  return  of  said  census  to  the  secre- 
tary of  the  board,  make  affidavit  or  affirmation  that  he  has  returned 
the  enumeration  in  accordance  with  the  provisions  of  this  act,  to 
the  best  of  his  knowledge  and  belief,  and  that  such  list  contains  the 
name  of  all  persons  entitled  to  be  enumerated,  and  no  others.  Each 
oath  or  affirmation  provided  for  in  this  section,  shall  be  made  a 
part  of  the  blanks  on  which  the  census  is  taken,  and  a  matter  of 
record  in  both  the  office  of  the  school  board  and  that  of  the  Super- 
intendent of  Public  Instruction.  Each  enumerator  shall  be  allowed 
'reasonable  compensation  per  diem  for  his  services  to  be  paid  out 
of  the  school  fund  of  said  city.  Any  school  officer,  or  other  person 
appointed  as  enumerator,  or  any  officer  through  whose  hands  the 
schools  census  required  by  this  act  shall  pass,  'who  shall  knowingly 
enumerate  persons  not  entitled  to  be  listed,  or  who  shall  in  any 
manner,  add  to  or  take  from  the  number  actually  enumerated,  shall 
in  addition  to  being  liable  to  punishment  for  the  crime  of  false 
swearing,  be  deemed  guilty  of  a  misdemeanor,  and,  upon  conviction 
of  such  offense,  shall  be  fined  in  any  sum  not  less  than  five  nor  more 
than  one  hundred  dollars,  or  imprisoned  in  the  county  jail  not  less 
than  ten  nor  more  than  thirty  days,  in  the  discretion  of  the  court. 
The  county  superintendent  of  the  county  in  which  such  cities  are 
located,  shall  have  no  control  over  the  schools  in  such  districts,  but 
the  same  shall  be  governed  in  all  respects  as  herein  provided.  For 
the  years  in  which  no  census  is  required  to  be  taken  hereunder,  the 
Superintendent  of  Public  Instruction  shall  determine  the  amount  of 
per  capita  to  be  paid  over  to  the  school  board  of  such  cities,  by 


100  SCHOOL,  LAWS  OF  KENTUCKY. 

adding  annually  to  the  number  of  children  of  school  age  as  shown 
by  the  next  preceding  census  actually  taken,  such  increase  or  addi- 
tion as  he  may  ascertain  to  be  the  annual  increase  of  children  of 
school  age  in  the  district  upon  averaging  the  yearly  increase  shown 
by  the  three  actual  enumerations  next  preceding:  Provided,  how- 
ever, that  the  school  board  or  Superintendent  of  Public  Instruction 
may  elect  to  take  an  actual  census  in  any  of  such  years,  in  which 
case  the  return  of  such  census  shall  govern.  The  Superintendent  of 
Public  Instruction  shall,  in  his  biennial  report,  give  statement  of  the 
estimated  census  for  any  year  included  in  said  report  wherein  dis- 
tribution of  per  capita  may  have  been  made  upon  estimated  census, 
as  provided  herein,  in  such  manner  as  to  show  clearly  the  actual 
enumeration  upon  which  such  estimates  may  have  been  based  and 
the  manner  in  which  the  estimated  census  has  been  computed. 

§  294. — Members  of  the  board  shall  not  be  elsewhere  called  in 
question  for  language  used  in  debate.  Act  of  1912. 

§  295. — Bonds — May  be  Issued  to  Erect  School  Building— In  cities 
of  the  first  class  whenever  the  Board  of  Education  shall  deem  it  nec- 
essary for  the  proper  accommodation  of  the  schools  of  such  city  to 
purchase  a  site  or  sites  or  to  erect  school  houses  for  the  high  schools 
or  for  the  other  schools,  or  to  purchase  land  for  the  enlargement  of 
existing  school  yards,  or  for  any  or  all  these  purposes,  and  the  an- 
nual funds  raised  from  other  sources  are  not  sufficient  to  accomplish 
said  purpose  or  purposes,  and  it  shall  deem  a  bond  issue  to  be  neces- 
sary therefor,  said  Board  shall  make  a  careful  estimate  of  the  prob- 
able amount  of  money  required  for  such  purpose  or  purposes  and  it 
shall  certify  to  the  General  Council  of  said  city  the  fact  that  an  elec- 
tion for  an  issue  of  bonds  for  school  improvements  should  be  held  to- 
gether with  the  amount  of  money  for  which  bonds  shall  be  issued 
and  the  purpose  or  purposes  to  which  the  proceeds  thereof  shall 
be  applied.  It  shall  thereupon  be  the  duty  of  the  General  Council  to 
adopt  an  ordinance  submitting  to  the  qualified  voters  of  the  city  at 
the  next  regular  municipal  election  the  question  whether  bonds  of 
the  city  to  the  amount  specified  shall  be  issued  for  school  improve- 
ment purposes.  The  bonds  so  issued  shall  be  designated  as  "School 
Improvement  Bonds,"  and  the  ordinance  shall  provide  the  date  and 
maturity  of  such  bonds,  the  rate  of  interest  they  shall  bear,  and  the 
total  amount  to  be  issued;  and  the  ordinance  shall  also  contain  the  nee* 
essary  details  in  reference  to  the  execution  and  delivery  of  said  bonds, 
their  denominations,  coupons  to  be  annexed,  tax  to  be  levied  to  pay 
the  interest  and  a  sinking  fund  to  retire  such  bonds  at  maturity.  No 
bond  issue  shall  ever  be  for  an  amount  exceeding  the  sum  of  one 
million  dollars.  The  question  to  be  submitted  shall  be  so  framed  that 
the  voter  may  by  his  vote  answer  for  or  against  the  issue  of  'bonds. 

It  shall  be  the  duty  of  the  mayor  of  the  city  to  see  to  it  that  all 
proper  steps  are  taken  to  secure  a  vote  of  the  people  upon  the 
question,  conforming,  as  far  as  applicable,  to  the  proceedings  in  case 


SCHOOL  LAWS  OF  KENTUCKY.  101 

of  an  election  for  members  of  the  Board  of  Education  in  cities  of  the 
first  class.  If  the  voters  of  the  city  shall  determine  that  such  'bonds 
shall  be  issued,  they  shall,  when  so  issued,  be  placed  under  the  con- 
trol of  the  Board  of  (Education,  who  shall  determine  when  and  at 
what  price  and  how  they  shall  be  sold: 

Provided,  That  no  &uch  such  bonds  shall  be  sold  for  less  than  par: 
And,  Provided  further,  That  any  premium  which  may  be  obtained 
from  said  bonds  shall  constitute  a  part  of  the  sinking  fund  for  their 
ultimate  retirement.  As  the  bonds  are  sold,  their  proceeds  shall  be 
placed  to  the  credit  of  the  Board  in  the  same  depositaries  which  are 
selected  for  its  other  funds  but  shall  be  kept  in  a  separate  account 
and  shall  be  used  only  for  the  purpose  -for  which  the  bonds  were 
issued. 

It  shall  be  the  duty  of  the  General  Council  to  levy  annually  in 
its  tax  levy  a  rate  that  will  raise  a  sum  that  shall  be  sufficient  to 
pay  the  interest  and  create  a  sinking  fund  for  the  payment  of  the 
bonds  at  maturity.  The  said  bonds',  principal  and  interest,  shall  be 
a  charge  upon  the  sinking  fund  of  said  city,  and  it  shall  be  entitled 
to  have  the  annual  tax  that  shall  be  levied  as  aforesaid. 


TEACHERS'  PENSIONS. 

Acts  of  1912. 

§  296. — Teachers'  Annuity  Fund — Board  of  Trustees — Manner  of 
Appointment — In  every  city  of  the  first  class  in  the  State  of  Ken- 
tucky  there  shall  be,  and  is  hereby  created,  a  teachers'  annuity  fund, 
which  shall  be  governed  and  managed  by  a  board  of  trustees,  which 
shall  be  a  body  corporate  under  the  name  of  Trustees  of  Teachers 
Annuity  Fund  of  Louisville,  with  power  to  contract  and  to  sue  and  be 
sued,  and  to  adopt  and  alter  its  seal,  and  which  shall  be  composed 
of  seven  members,  as  follows:  One  member  of  the  Board  of  Educa- 
tion of  such  city,  to  be  selected  or  appointed  annually  by  such  'board, 
the  superintendent  of  public  schools,  one  principal  and  four  teachers 
regularly  employed  in  the  public  schools  of  such  city.  Said  principal 
and  teachers  of  such  city  shall  be  selected  at  a  meeting  of  the  public 
school  teachers  of  such  city  on  the  third  Saturday  of  May,  1912,  in 
such  manner  and  at  such  place  or  places  as  shall  be  determined  and 
designated  by  the  Board  of  Education  of  such  city;  and  thereafter 
there  shall  be  selected  on  the  third  Saturday  of  May  of  each  year  one 
principal  and  three  teachers  as  members  of  such  board  of  trustees. 
The  trustees  shall  hold  their  offices  until  their  successors  shall  be 
selected  or  elected  as  above  set  forth.  In  the  event  of  a  vacancy 
upon  said  board  occasioned  by  the  death,  resignation  or  disability  of 
either  of  said  principal  or  teachers,  then  the  public  school  teachers 
of  said  city  shall,  within  a  reasonable  time,  upon  the  call  of  the 


102  SCHOOL  iLAWS  OF  KENTUCKY. 

president  of  said  'board  of  trustees,  hold  a  special  meeting  and  elect 
a  successor  or  successors.  A  majority  of  said  trustees  shall  consti- 
tute a  quorum  for  the  transaction  of  business  pertaining  to  said  an- 
nuity fund.  Said  trustees  shall  receive  no  pay  for  their  services  as  such, 
except  the  secretary,  who  may  be  paid  such  sum  for  services  as  may 
be  fixed  by  the  board  of  trustees:  Provided,  however,  that  if  any 
one  shall  act  as  such  secretary  who  shall  receive  any  of  the  benefits 
of  said  pension  fund,  as  hereinafter  provided,  the  amount  of  the  sal- 
ary so  received  by  such  secretary  shall  be  deducted  from  the  amount 
for  which  he  or  she  would  otherwise  be  entitled  as  a  beneficiary 
under  said  fund. 

§  297. — Officers    of     Board — Powers    and    -Duties — Said    board    of 
trustees  shall  elect  from  among  its  number  a  president,  vice-president 
and  secretary.     The   president  shall  preside  at  the  meeting  of  the 
board  and  perform  all  other  duties  usual  to  such  office.     The  vice- 
president  shall  perform  duties  of  the  president  in  his  or  her  absence. 
It  shall  be  the  duty  of  the  secretary  to  keep  a  true  and  accurate  ac- 
count of  the  proceedings  of  such  board  of  trustees  and  of  the  teach- 
ers of  such  city,  when  acting  upon    matters    with  relation  to   said 
fund,  and  to  turn  over  to  his  or  her  successor  all  books  and  papers 
pertaining  to   such  office.     The   superintendent     of  schools     of  such 
city  shall  act  as  assistant  treasurer,  and  it  shall  be  his  'duty  to  keep 
a  true  and  accurate  statement  of  the  account  of  each  member  with 
said  annuity  fund,  to  collect  and  turn  over  to  the  treasurer  of  said 
board  all  moneys  belonging  to  said  fund,  and  to  render  to  the  board 
a  monthly  account  of  his  doings.      He    shall    furnish  bond  in  such 
amount  as  shall  be  determined  and  required  by  said  board  of  trus- 
tees.    He  shall  receive  no  compensation  for  attending  to  the  duties 
of  his  office  as  assistant  treasurer  of  said    board,  but    the  trustees 
may  allow  to  him  annually  for  the  employment  of  clerical  assistance 
a  sum  not  to  exceed  two  hundred  dollars,     for  the  expenditure  of 
which  he  shall  account  by  full  statement,  with  vouchers  which  shall 
be  filed  with  his  annual  report  hereinafter  mentioned.     The  treas- 
urer of  the  Board  of  Education    shall  be    ex-officio  the  treasurer  of 
said  Board  of  Trustees,  and  he  shall  receive  and  hold  all  moneys  be- 
longing to  such  teachers'  annuity  fund;  he  shall  have  the  custody  of 
all  notes,  bonds  and  other  securities  belonging  to  said  fund,  and  shall 
collect  the  principal  and  interest  of  the  same  and  shall  be  liable  on 
his   bond   as  treasurer  of   the   Board  of  Education   for   the  perform- 
ance of  all  duties  imposed  upon  him  by  this  act  and  for  the  faithful 
accounting  of  all  moneys  and  securities,  including  both  principal  and 
interest,  which  may  come  into  his  hands  and  which  shall  belong  to 
such  annuity  fund.     And  he  shall  keep     a  separate  account     which 
shall  show  at  all  times  the  true  condition  of  such  fund.  Said  treas- 
urer shall,  upon  the  expiration  of  his  term  of  office,  account  to  said 
board  for  all  moneys,  notes,  bonds  and  other  securities  coming  into 
his  hands,  and  for  the  interest,  income,  profits,  rentals  and  proceeds 


SCHOOL  LAWS  OF  KENTUCKY.  ios 

of  and  from  the  same,  and  he  shall  turn  over  to  his  successor  all 
moneys,  notes,  bonds  and  other  securities  belonging  to  said  fund. 
The  secretary,  treasurer  and  assistant  treasurer  shall  each  make  a 
full,  true  and  accurate  report  of  their  offices  and  trusts  at  each  an- 
nual meeting  of  such  teachers  in  May  of  each  year.  Their  hooks 
shall  at  all  times  be  open  to  inspection  or  examination  by  any  mem- 
ber of  said  board  of  trustees. 

§  298.— Revenue — Board  to  Make  Rules  to  Govern  Same— SucS 
board  of  trustees  shall  have  full  'Charge  and  control  of  the  teachers' 
annuity  fund  of  such  city  with  power  to  adopt  and  enforce  all  need- 
ful regulations  governing  the  same,  not  inconsistent  with  this  act. 
Said  fund  shall  be  derived  from  the  following  sources: 

First.  All  moneys  that  may  be  given  to  said  board  of  trustees  or 
to  said  fund  or  to  the  board  of  education  of  such  city,  for  the  use  of 
said  board  of  trustees  of  teachers'  annuity  fund,  by  any  person  or 
persons.  Such  board  of  trustees  may  take  by  gift,  grant,  devise  or 
bequest,  any  money,  choses  in  action,  personal  property,  real  estate, 
or  any  interest  therein,  and  any  such  gift,  grant,  devise  or  bequest 
may  be  absolute,  or  upon  the  condition  that  only  the  rent,  profits  and 
income  arising  from  the  same  shall  be  applied  to  the  uses  and  pur- 
poses of  said  fund.  Such  board  of  trustees  shall  be  authorized  to  take 
such  gift,  grant,  devise  or  bequest  under  and  by  the  style  of  the  board 
of  trustees  of  the  teachers'  annuity  fund,  of  such  city,  and  to  hold  the 
same,  or  assign,  transfer  or  sell  the  same,  whenever  proper  and  nec- 
essary, under  and  hy  such  name. 

Second.  Every  teacher  shall  be  assessed  upon  his  or  her  salary  as 
follows:  One  per  centum  per  annum  (but  not  more  than  $10  upon  the 
salary  of  every  teacher  who  shall  not  have  taught  in  excess  of  fifteen 
(15)  years;  and  two  per  centum  per  annum  (but  not  to  exceed  $20) 
upon  the  salary  of  every  teacher  who  shall  have  taught  longer  than 
fifteen  (15)  years':  Provided,  however,  that  such  assessment  shall  not 
be  made  prior  to  the  first  day  of  September,  1912.  And  the  assistant 
treasurer  of  such  board  of  trustees  shall  prepare  a  roll  of  each  of  said 
assessments  and  place  opposite  the  name  of  every  teacher  the  amount 
of  assessment  against  him  or  her,  and  shall  furnish  a  copy  of  such 
roll  to  the  treasurer,  and  the  treasurer  of  said  board  shall,  in  Novem- 
ber and  April  of  each  school  year,  deduct  and  retain  out  of  the  salary 
going  to  such  teacher  the  amount  of  such  assessment,  and  shall  give 
him  or  her  credit  for  the  same  and  place  the  same  to  the  credit  of 
said  teachers'  annuity  fund.  Every  teacher  of  such  city  receiving  ,\ 
salary  of  four  hundred  and  fifty  dollars  ($450)  a  year  or  more  shall 
jpay  such  assessment,  and  in  becoming  a  teacher  he  or  she  shall  be 
conclusively  deemed  to  undertake  and  agree  to  pay  the  same,  and  to 
have  such  assessment  deducted  from  his  or  her  salary  as  hereinbe- 
fore provided. 

§  299. — Revenue — Manner  of  Investment— The  board  of  trustees 
of  such  teachers'  annuity  fund  shall  determine  what  part  of  said 


104  SCHOOL  LAWS  OF  KENTUCKY. 

fund  may  be  safely  invested,  and  how  much  shall  be  retained  for  the 
immediate  needs,  demands  and  exigencies  of  said  fund.  Such  invest- 
ment shall  be  made:  (1)  In  interest-bearing  bonds  of  the  United 
States,  or  in  any  bond  lawfully  issued  by  any  iState,  county,  city  or 
other  municipal  corporation;  (2)  loans  secured  by  mortgage  upon 
real  estate  within  the  county  wherein  such  city  is  located,  which 
loans  shall  not  be  in  excess  of  fifty  per  centum  of  the  ap- 
praised value  of  such  real  estate;  (3)  in  interest-bearing  deposits 
at  not  less  than  three  per  cent,  with  banks  or  trust  companies  of 
Louisville,  said  deposits  to  be  secured  to  their  full  amount  with  in- 
terest, by  securities  mentioned  in  classes  (1)  and  (2)  of  this  section. 
All  bonds,  mortgages  and  other  securities  shall  be  deposited  with  and 
remain  in  the  custody  of  the  treasurer  of  said  board,  who  shall  col- 
lect all  interest  due  thereon  and  all  the  income  therefrom,  as  the 
same  shall  become  due  and  payable. 

§  300. — Sinking  Fund  to  Be  Provided — The  board  of  trustees  of 
such  teachers'  annuity  fund  shall  establish  a  sinking  fund,  to  the 
credit  of  which  shall  be  put  and  deposited  all  gifts,  grants,  devises 
and  bequests,  and  the  unexpended  balance  remaining  at  the  expira- 
tion of  each  fiscal  year.  And  such  sinking  fund  shall  be  and  remain 
a  permanent  fund,  and  no  part  thereof  shall  be  expended  except  the 
interest  and  income  thereof  and  therefrom;  provided,  however,  that 
one-half  of  the  amount  added  to  such  sinking  fund  during  any  year 
may  be  used,  if  necessary,  during  the  year  immediately  following. 

§  301. — Annuity  Fund — Manner  of  Distribution — Said  teachers'  an- 
nuity fund  shall  be  used  and  devoted  in  the  manner  and  for  the  pur- 
poses following: 

First.  The  maximum  annuity  to  be  paid  any  teacher  shall  be  four 
hundred  dollars  ($400)  per  annum,  which  amount  shall  be  based  upon 
a  service  of  forty  (40)  years  as  such  teacher,  and  every  annuitant  and 
beneficiary  of  said  fund  shall  be  entitled  to  and  shall  receive  such 
percentage  of  said  sum  of  four  hundred  dollars  ($400)  as  the  number 
of  years'  teaching  of  said  pensioner  and  beneficiary  shall  bear  to  the 
term  of  forty  years,  subject,  however,  to  all  the  provisions  of  this  act. 

Second.  Any  aged,  infirm,  diseased  or  disabled  teacher,  who  is 
now  or  hereafter  may  be,  teaching  in  the  public  schools  of  such  city, 
having  served  in  the  schools  of  said  city  as  such  teacher  for  not  less 
than  twenty  (20)  years  and  who  shall  have  been  relieved  from  service 
as  such  teacher  by  the  Board  of  Education  upon  the  ground  of  his  or 
ner  infirmity,  disease  or  disability,  shall  be  entitled  to  receive  a  dis- 
ability annuity;  provided  said  board  of  trustees  shall  find  that  he  or 
she  is  entitled  to  the  same  by  reason  of  such  age,  disease,  infirmity 
or  disability,  and  after  such  applicant  for  an  annuity  shall  have  been 
examined  by  a  physician  selected  for  such  purpose  by  said  board  of 
trustees,  the  examination  fee  or  charge  of  such  physician  to  be  paid 
by  the  applicant. 


SCHOOL  LAWS  OF  KENTUCKY.  105 

Third.  Any  teacher  who  is  now  or  hereafter  may  be  teaching  in 
the  public  schools  of  such  city,  and  shall  have  taught  for  not  less  than 
thirty  (30)  years  may  be  granted  an  annuity  upon  application  to  said 
Board  of  Trustees,  or  may  be  granted  an  annuity  by  such  board 
without  such  application  and  shall  thereafter  receive  an  annuity  dur- 
ing the  remainder  of  his  or  her  life,  subject,  however,  to  all  the  con- 
ditions in  this  act;  provided,  however,  that  such  annuitant  shall  have 
paid  into  said  fund,  by  way  of  assessment  or  otherwise,  not  less  than 
the  whole  of  the  amount  to  which  he  or  she  shall  be  entitled  per 
annum  as  an  annuitant.  And  in  order  to  make  up  such  amount,  the 
board  of  trustees  may  order  the  treasurer  to  deduct  one-fifth  thereof 
in  each  of  the  first  five  years  from  the  amount  of  such  annuity.  If 
at  any  time  there  should  not  be  sufficient  money  in  or  to  the  credit 
of  said  teachers'  annuity  fund  to  pay  all  claims  against  it  in  full, 
then  and  in  such  event,  an  equal  percentage  shall  be  paid  upon  all 
such  claims  to  the  full  extent  of  the  funds  on  hand,  until  such  an- 
nuity fund  shall  be  sufficient  to  pay  all  claims  against  it  in  full. 

§  302. — Teachers  Entitled  to  Annuity  Fund — In  computing  years  of 
service  as  provided  in  this  act,  the  board  of  trustees  shall  not  include 
service  as  a  public  school  teacher  rendered  outside  of  such  city,  pro- 
vided, however,  that  any  teacher  may  be  given  a  leave  of  absence 
for  study,  professional  improvement  or  temporary  disability,  not  ex- 
ceeding one  year  at  any  one  time,  and  shall  be  regarded  as  a  teacher 
and  entitled  to  the  benefits  of  this  act;  provided  that  during  such  ab- 
sence he  or  she  continues  to  pay  into  such  fund  the  amount  of  assess- 
ment payable  by  such  teacher  the  last  year  preceding  such  leave  of 
absence. 

.  §  303. — Annuity  Fund  May  be  Discontinued — After  any  teacher 
shall  have  been  granted  an  annuity  by  reason  of  injury,  disability  or 
disease,  the  board  of  trustees  shall  have  the  right  at  any  time  to 
cause  such  teacher  again  to  be  brought  before  such  board  and  ex- 
amined* by  its  physician,  and  also  to  examine  other  witnesses,  for  the 
purpose  of  ascertaining  whether  said  injury,  disability  or  disease 
shall  still  continue  and  whether  such  teacher  shall  remain  on  the  roll 
as  an  annuitant.  Such  teacher  shall  be  entitled  to  notice  and  to 
be  present  at  the  hearing  of  any  such  evidence;  shall  be  permitted  to 
propound  any  question  pertinent  or  relevant  to  such  matter,  and 
shall  also  have  the  right  to  introduce  evidence  upon  his  or  her  own 
behalf.  Such  teacher  and  all  witnesses  shall  be  examined  under  oath, 
and  any  member  of  such  board  of  trustees  is  hereby  authorized  and 
empowered  to  administer  such  oath.  The  decision  of  such  board  of 
trustees  shall  be  final  and  conclusive,  and  no  appeal  shall  be  allowed 
therefrom,  nor  shall  the  same  be  reviewable  by  any  court  or  other 
authority;  provided,  however,  that  every  teacher  receiving  annuity 
shall  report  to  the  superintendent  of  public  schools  of  such  city 
whenever  required  so  to  do.  And  said  superintendent  may  assign 
such  teacher  to  such  service  or  employment  as  may  be  within  hia 


106  SCHOOL,  LAWS  OF  KENTUCKY. 

or  her  power  to  perform,  in  the  judgment  of  such  superintendent  of 
public  schools  and  of  the  examining  physician  employed  by  the  said 
board  of  trustees.  And  during  the  time  of  such  employment  such 
teacher  shall  receive  the  regular  salary  therefor,  which  shall  be 
credited  to  and  deducted  from  the  amount  payable  to  such  teacher 
from  said  annuity  fund.  And  should  any  teacher  who  is  receiving  an 
annuity  recover  from  his  or  her  injury,  disease  or  disability,  and 
again  be  fit  for  regular  duty,  then  such  teacher  may  again  be  regular- 
ly employed,  and  during  the  time  of  such  employment,  he  or  she 
shall  cease  to  be  entitled  to  any  payment  out  of  said  annuity  fund 
because  of  the  injury,  disease  or  disability  on  account  of  which  such 
teacher  was  originally  retired. 

§  304. — Teacher  May  Retire  on  Length  of  Service  Without  Exami- 
nation— Any  teacher  applying  for  an  annuity  by  reason  of  length  of 
time  of  service  as  in  this  act  provided,  shall  be  granted  an  annuity 
and  retired  without  any  medical  examination,  nor  need  he  or  she  be 
under  any  physical  disability,  and  from  the  time  of  such  granting  of 
annuity  and  retirement  such  teacher  shall  not  be  required  to  render 
further  services  as  such  teacher,  nor  shall  he  or  she  be  deprived  of 
the  benefits  herein  provided,  except  for  any  cause  contained  in  Sec- 
tion 311  of  this  act. 

§  305. — Service  Before  Passage  of  Act  May  be  Counted — In  com- 
puting time  under  the  provisions  of  this  act,  such  time  shall  include 
services  rendered  before,  as  well  as  after,  the  taking  effect  of  this  act. 

§  306. — Trustees — Power  to  Make  Rules  and  By-Laws — The  board 
of  trustees  shall  have  power  and  authority  to  make  all  necessary  by- 
laws providing  for  the  manner  of  the  election  of  such  trustees,  to  be 
elected  as  in  this  act  provided,  the  counting  and  canvassing  of  the 
votes  for  the  same,  their  meetings,  for  the  collection  of  all  moneys 
and  other  property  coming  or  'belonging  to  said  fund,  and  all  other 
matters  connected  with  the  care,  preservation  and  disbursement  of 
the.  same,  and  the  proper  execution  of  the  purposes  and  provisions  of 
this  act.  And  any  annuity  authorized  by  the  board  under  this  law 
shall  be  subject  to  reduction  by  said  board  of  trustees  whenever  in  its 
judgment  the  condition  of  the  annuity  fund,  the  financial  or  other  con- 
ditions of  the  annuitant  or  any  other  circumstances  render  such  re- 
duction advisable,  proper  or  necessary,  and  any  annuity  so  reduced 
may  thereafter  be  restored  or  increased,  as  such  board  may  deem  best. 

§  307.— Annuity  Fund — One-half  may  be  Returned  if  Teacher 
Ceases  to  Teach — Any  teacher  who  shall  cease  to  teach  in  the  public 
schools  of  such  city  before  receiving  any  benefit  from  the  fund,  shall 
be  entitled  to  the  return  of  one-half  of  the  amount,  without  interest, 
which  shall  have  been  paid  into  said  annuity  fund  by  such  teacher; 
provided,  however,  should  such  teacher  thereafter  again  teach  in  the 
public  schools  of  such  city,  he  or  she  shall  refund  to  said  annuity  fund 
the  amount  so  returned  to  such  teacher  within  one  year  from  the 
date  of  his  or  her  return  to  §erYiCe  in  the  schools.  And  should  any 


SCHOOL  LAWS  OF  KENTUCKY.  107 

teacher  die  before  receiving  any  of  the  benefits  of  pensions  by  this 
act  provided,  the  board  of  trustees  shall  pay  to  such  teacher's  heirs 
or  estate,  or  either  or  any  of  them,  as  it  shall  see  fit,  one-half  the 
amount,  without  interest,  which  shall  have  been  paid  into  said  an- 
nuity fund  by  said  teacher. 

§  308.— Annuities  to  be  Paid  by  Treasurer — Time  of  Payment — 
All  annuities  herein  provided  for  shall  be  paid  to  the  treasurer  of  the 
Board  of  Education  at  his  office  at  such  times  and  in  such  install- 
ments as  the  trustees  may  determine,  provided  that  not  less  than 
cne-third  of  each  annuity  or  percentage  thereof  shall  be  paid  before 
December  15th,  and  the  balance  not  later  than  June  1st  of  each  scho- 
lastic year.  Provided,  further,  that  no  annuity  of  any  kind  whatso- 
ever provided  for  in  this  act  shall  be  payable  prior  to  October  1,  1915; 
but  simple  interest  at  six  per  cent,  per  annum  shall,  until  said  date, 
run  on  any  annuity  beginning  with  ,the  1st  of  June  of  the  scholastic 
year  in  which  the  right  thereto  may  accrue. 

§  309.— lAnnuities  not  Subject  to  Process— All  annuities  granted 
and  payable  out  of  said  teachers'  annuity  fund  shall  be  and  are  ex- 
empt from  seizure  or  levy  upon  attachment,  execution,  supplemental 
process,  and  all  other  process,  whether  mesne  or  final;  and  such 
annuities  or  any  payment  of  the  same  shall  not  be  subject  to  sale,  as- 
signment or  transfer  by  any  beneficiary,  and  such  transfer  shall  be 
absolutely  void. 

§  310. — Annuity  Fund  May  be  Discontinued  for  Certain  Causes — 
Whenever  any  person  who  shall  have  received  any  benefit  from  said 
fund  shall  be  convicted  of  any  felony,  or  of  any  misdemeanor  or  for 
which  he  or  she  shall  be  adjudged  to  be  imprisoned,  or  shall  fail  to 
report  for  examination  for  duty  as  required  herein,  unless  excused  by 
the  board  of  trustees  of  such  city,  or  shall  disobey  the  requirements 
of  said  board  of  trustees  in  respect  to  said  examination  for  duty,  or 
shall  fail  to  perform  such  duty  as  may  be  required  of  him  or  her  if 
found  able  to  perform  such  duty,  then  such  board  shall  order  that  the 
annuity  allowed  and  paid  to  him  or  her  shall  cease,  until  the  further 
order  of  such  board. 

§  311.--Teacher — Definition  of  Term — The  term  teacher  as  used  in  this 
act  shall  mean  and  include  any  principal,  assistant  principal,  super- 
visor, assistant  supervisor,  person  in  charge  of  any  special  depart- 
ment of  instruction,  and  any  teacher  or  instructor  regularly  employed 
as  such  by  the  Board  of  Education  of  such  city. 

§  312. — Date  When  Annuity  May  be  Applied  For— Annuities  may 
be  applied  for  under  this  act  on  or  after  December  1,  1912,  by  any 
teacher  who,  after,  the  approval  of  this  act,  shall  be  in  the  employ 
of  said  Board  of  Education  and  be  entitled  to  an  annuity  under  the 
terms  of  this  act. 

§  313. — Repealing  Clause — The  general  school  laws1  of  this  State, 
and  all  laws  and  parts  of  laws  applicable  to  the  general  system  of 
common  schools  in  a  city  of  the  first  class  and  not  inconsistent  here- 
with, shall  be  in  full  force  and  effect  in  such  city. 


108  SCHOOL,  LAWS  OF  KENTUCKY. 


CHAPTER  XIX. 
PUBLIC  SCHOOLS   IN  CITIES  OF  THE  SECOND  CLASS. 

§  314. — Board  of  Education — Each  city  in  this  State  of  the  second 
class,  together  with  the  territory  now  within  its  limits,  or  which  may, 
in  the  future,  be  included  by  any  change  in  these  limits,  shall  be  and 
constitute  a  single  school  district,  and  the  supervision  and  govern- 
ment of  common  schools  and  common  school  property  .therein  shall 
be  vested  in  a  board  of  five  trustees  to  be  called  and  known  as  the 

"Board  of  Education  t  of  ,  Kentucky,"  (in  which 

title  the  name  of  such  city  shall  be  inserted.)  Such  Board  of  Educa- 
tion shall  be  a  -body  corporate  and  shall  have  power,  by  and  in  said 
name,  to  sue  and  be  sued,  contract  and  be  contracted  with,  purchase, 
receive,  hold  and  sell  property,  do  all  things  necessary  to  accomplish 
the  purpose  for  the  attainment  of  which  such  school  district  is  organ- 
ized, and  succeed  to  all  the  property,  property  rights  and  privileges, 
of  whatever  kind  or  nature,  granted  and  belonging  to  any  previous 
corporation,  board  of  education  or  school  district  in  such  city,  or  of- 
ficers thereof,  authorized  or  empowered  by  any  enactment  of  the 
General  Assembly  of  the  State  to  do  anything  in  reference  to  public 
education.  Provided,  that  all  pending  suits  to  which  any  such  pre- 
vious corporation,  board  of  education  or  school  district  or  officer 
thereof,  is  a  party,  may  be  prosecuted  to  an  end  in  the  name  of  such 
party.  All  titles  to  property  previously  granted  to  such  city  by  the 
United  States,  or  this  State,  for  common  school  .purposes,  and  the 
title  to  all  school  lands  and  other  property  of  every  kind,  shall  be 
vested  in  the  Board  of  Education  established  by  this  act. 

§  315. — Powers  and  Duties— Every  such  Board  of  Education  shall 
have  general  and  supervising  control,  government  and  management 
of  the  public  schools,  including  kindergartens,  night  and  normal 
schools  and  high  schools  as  hereinafter  provided,  and  public  school 
property  in  such  city,  with  the  right  to  use  said  property  to  promote 
public  education  in  such  ways  as  it  may  deem  necessary  and  proper; 
shall  exercise  generally  all  powers  in  the  administration  of  the  public 
school  system  therein,  appoint  such  officers,  agents  and  employes  as 
it  may  deem  necessary  and  proper  and  fix  their  compensation  and 
term  of  office;  shall  have  power  to  fix  the  time  of  its  meetings,  to 
make,  amend,  and  repeal  rules  and  by-laws  for  its  meetings  and  pro- 
ceedings, for  the  government,  regulation  and  management  of  the 
public  schools  and  school  property  in  such  city,  for  the  transaction  of 
its  business,  and  for  the  examination,  qualification  and  employment 
of  teachers,  which  rules  and  by-laws,  when  not  inconsistent  with  the 
general  law  of  the  State,  shall  be  binding  on  such  Board  of  Education 


SCHOOL  LAWS  OF  KENTUCKY.  109 

and  all  parties  dealing  with  it  until  formally  repealed  by  an  affirma- 
tive vote  of  four  members  of  said  board;  to  provide  for  special  and 
standing  committees';  to  provide  for  the  appointment  of  a  medical  in- 
spector for  the  schools  and  to  take  such  other  steps  as  may  be  proper 
and  necessary  to  secure  and  maintain  the  physical  welfare  of  the 
pupils  therein;  to  certify  to  the  General  Council  or  the  Board  of  Com- 
missioners the  amount  of  money  necessary  for  the  maintenance  and 
improvement  of  the  schools  as  hereinafter  provided,  and  to  purchase 
and  hold  all  property,  real  and  personal,  deemed  by  it  necessary  for 
the  purposes  of  public  education,  or  for  the  investment  of  the  public 
school  funds,  to  build  and  construct  improvements  for  such  purposes, 
and  ,to  hold  or  sell  the  same. 

§  316.— ^Rea|  Estate — Power  to  Purchase  and  Condemn — It  shall 
also  have  power,  when  unable  to  contract  with  the  owner  of  any  real 
estate  necessary  to  the  proper  accomplishment  of  .the  purpose  for 
which  said  Board  is  created,  to  institute  condemnation  proceedings  in 
accordance  with  the  law  governing  railroad  corporations  operated  or 
incorporated  under  the  existing  laws  of  this  Commonwealth,  or  under 
laws  which  may  hereafter  be  enacted;  and  to  have  in  such  proceedings 
the  same  rights,  powers,  privileges  and  restrictions,  as  are  now 
granted  to  or  conferred  upon  such  railroad  corporations.  Such  Board 
of  Education  shall  have  all  the  powers  of  other  school  districts  under 
the  laws  of  this  State,  except  as  herein  provided. 

§  317. — Qualification  of  Members — No  person  shall  be  eligible  to  the 
office  of  member  of  the  Board  of  Education  who  has  not  attained  the 
age  of  twenty-four  (24)  years,  and  who  is  not  a  -citizen  of  the  United 
States,  and  who  has  not  been  such  citizen  for  at  least  three  years 
preceding  his  election,  and  a  resident  of  the  city  for  which  he  is 
elected,  or  who  holds  or  discharges  any  office,  deputyship  or  agency 
under  the  city  or  county  of  his  residence;  except  that  any  member  of 
said  Board,  or  any  existing  Board,  shall  be  eligible  for  re-election;  no 
person  shall  be  eligible  to  this  office  who  at  the  time  of  his  election 
is  'directly  or  indirectly  interested  in  any  contract  with  or  claim 
against  said  Board,  or  who  is,  directly  or  indirectly,  interested  in  the 
sale  to  the  Board  of  books,  stationery  or  other  property.  If,  at  any 
time,  after  the  election  of  any  member  of  said  Board,  he  shall  become 
interested  in  any  such  contract  with  or  claim  against  said  Board,  or 
if  he  shall,  after  election,  become  a  candidate  for  any  office  or 
agency  or  for  the  nomination  thereto,  the  holding  and  the  discharg« 
ing  of  the  duties  of  which  would  have  rendered  him  ineligible  before 
election,  or  if  he  shall  move  his  residence  from  the  city  for  which  he 
was  chosen,  or  if  he  shall  do  or  incur  anything  which  would  have  ren. 
dered  him  ineligible  for  election,  his  office  shall  without  further  ac- 
tion be  vacant,  and  it  shall  be  filled  as  herein  directed.  Provided, 
That  no  member  of  said  Board  shall  vote  regarding  the  appointment 
or  employment  in  any  capacity  of  any  person  related  to  said  member 
as  father,  mother,  brother,  sister,  husband,  wife,  son  or  daughter, 


no       SCHOOL  LAWS  OF  KENTUCKY, 

nor  shall  any  member  of  said  Board    hold  any    office  or    position  of 
emolument  under  appointment  of  said  Board. 

§  318. — Oath  of  Office — Every  member  of  said  Board  shall,  before 
assuming  the  duties  of  his  office,  qualify  by  taking  the  following  oath 
which  shall  be  kept  on  record  in  such  Board: 

STATE  OF  KENTUCKY, 
COUNTY  OF  . 


,  being  duly  sworn,  says  that  he  is 

eligible  under  the  law  to  serve  as  a  member  of  the  Board  of  Edu- 
cation, and  that  he  will  not,  while  serving  as  a  member  of  such 
Board,  become  interested  directly  or  indirectly  in  any  contract 
with  or  claim  against  said  Board,  and  that  lie  will  not  be  influ- 
enced during  his  term  of  office  by  any  consideration  except  that  of 
merit  or  fitness  in  the  appointment  of  officers  or  engagement  ot" 
employees,  and  that  he  will  support  the  Constitution  of  the  United 
States  and  of  this  State  and  faithfully  perform  the  duties  of  his 
office. 


Sworn  to  and  subscribed  before  me  this day  of   


§  319. — Compensation  —  Manner  of  Election  —  No  compensation 
shall  be  paid  to  the  members  of  the  Board,  but  they  shall  be  exempt 
from  jury  duty  and  from  service  as  election  officers  during  their 
term  of  office. 

The  members  of  said  Board  of  Education  shall  be  elected  from  the 
city  at  large  for  the  term  of  four  years,  except  as  specified  in  sections 
320  and  321  of  this  act,  by  the  legal  voters  of  such  city.  They  shall  be 
elected  from  the  city  at  large  without  reference  to  wards  or  other 
territorial  sub-divisions,  and  such  election  shall  be  held  under  the 
provisions  of  the  general  laws  governing  city  elections,  so  far  as 
they  are  not  inconsistent  with  the  provisions  of  this  act. 

§  320. — Election  by  Secret  Ballot — Petition  to  Nominate — All 
elections  for  members  of  the  Board  of  Education  shall  be  by  secret 
ballot.  Said  ballot  shall  be  on  a  separate  sheet  from  all  other  bal- 
lots to  be  used  in  any  election.  It  shall  be  the  duty  of  the  county 
clerk  of  any  county,  in  which  a  city  of  the  second  class  is  situated, 
to  cause  to  be  printed  on  said  ballot  the  names  of  all  candidates  for 
membership  of  the  Board  of  Education  of  such  city,  in  whose  behalf 
he  may  be  petitioned  so  to  do  in  writing,  by  not  less  than  one  hun- 
dred legal  voters  of  such  city.  The  petitions  must  be  filed  in  the  of- 
fice of  the  county  clerk  not  more  than  sixty  and  not  less  than 
fifteen  days  before  the  day  of  election,  and  each  petition  must  be 
signed  by  the  requisite  number  of  qualified  persons  and  shall  show 


SCHOOL  LAWS  OF  KENTUCKY.  Ill 

the  place  of  residence  of  each  person  signing  it,  and  no  person  shall 
sign  more  petitions  than  the  number  of  offices  to  be  filled.  If  the 
nomination  is  to  fill  a  vacancy,  the  petition  shall  so  state.  When 
the  same  person  shall  be  nominated  for  a  full  term  and  to  fill  a  va- 
cancy, he  shall  be  accepted  as  a  candidate  for  the  full  term. 

Said  ballot  shall  be  in  the  form  prescribed  for  ballots  by  the  gen- 
eral election  law  of  the  State,  except  that  no  party  emblem  or  other 
emblem  of  distinguishing  mark  shall  be  placed  upon  said  ballot, 
save  the  words  "SCHOOL  TICKET"  at  the  head  thereof;  and  that 
the  names  of  all  candidates  for  membership  in  the  Board  of  Educa- 
tion shall  be  printed  on  said  ballot  in  a  single  column.  The  names 
shall  be  printed  on  the  first  fifty  ballots  as  arranged  in  alphabetical 
list.  On  each  of  the  succeeding  fifty  ballots  the  names  shall  be 
printed  in  the  same  order,  save  that  the  last  name  on  the  preceding 
fifty  ballots  shall  be  shifted  to  the  first  place;  and  so  on  thereafter 
throughout,  a  like  change  being  made  in  the  printed  order  of  names 
for  every  fifty  ballots  and  such  ballots  shall  be  so  bound  that  in  the 
book  of  ballots  for  each  voting  precinct  each  candidate's  name  will 
appear  first  on  approximately  the  same  number  of  ballots  as  that  of 
every  other  candidate.  As  many  additional  lines  shall  be  left  blank 
as  there  are  members  to  be  elected. 

The  provisions  of  the  general  election  law  of  the  State  of  Ken- 
tucky as  to  the  duties  of  county  clerks  and  other  public  officers 
in  the  matter  of  printing  and  distributing  ballots,  of  issuing  them 
to  voters,  of  receiving  and  depositing  them  in  the  ballot  boxes  and 
of  counting  and  preserving  them,  and  in  other  particulars  except 
as  otherwise  provided  herein,  shall  be  applicable  in  all  respects  to 
the  election  of  members  of  the  Board  of  Education:  Provided,  That 
it  shall  be  the  duty  of  the  sheriff  of  each  county  in  which  a  city  of 
the  second  class  is  situated,  to  provide  for  each  precinct  in  said 
city  a  separate  box  for  the  reception  of  the  ballots  used  in  the  elec- 
tion of  members  of  the  Board  of  Education.  And  provided,  further, 
That  it  shall  be  the  duty  of  the  judge  of  election  of  the  opposite 
political  faith  to  the  clerk  of  election  in  each  precinct  to  issue  the 
school  ballots  in  the  same  manner  as  other  ballots  are  issued  by  the 
clerk  of  election,  by  writing  the  name  and  residence  of  the  voter 
upon  the  primary  stub,  and  his  registered  number  upon  the  secondary 
stub  of  the  school  ballot,  and  by  observing,  as  to  these  ballots, 
such  other  regulations  for  the  issue  and  deposit  of  ballots  as  may  be 
prescribed  for  election  generally.  It  shall  be  unlawful  for  an  election 
officer  or  other  person  within  the  election  booth  to  tell  or  to  indicate  by 
word  of  mouth  or  otherwise  to  a  voter  what  may  be  the  political  af- 
filiations of  any  candidate,  and  a  violation  of  this  provision  shall  be 
a  misdemeanor  punishable  by  fine  not  exceeding  two  hundred  dol- 
lars. And  provided,  further,  That  upon  the  filing  with  the  county 
judge  of  the  county  wherein  a  city  of  the  second  class  is  situated 
of  a  petition  signed  by  a  number  of  legal  voters  equal  to  twenty  per 


112  SCHOOL  LAWS  OF  KENTUCKY. 

cent,  or  more  of  the  total  number  of  votes  cast  in  said  city  at  the 
last  preceding  election  at  which  presidential  electors  were  voted  for, 
requesting  that  the  election  of  members  of  the  Board  of  Education 
in  said  city  be  held  on  a  day  other  than  the  day  for  holding  the  gen- 
eral election  therein,  said  county  judge  shall  make  an  order  designat- 
ing some  day  for  the  election  of  members  of  the  Board  of  Education 
in  said  city,  which  day  shall  be  not  less  than  ninety  nor  more  than 
one  hundred  and  twenty  days  after  the  date  whereon  said  order 
shall  have  been  entered.  Whenever  such  order  shall  have  been  en- 
tered by  said  court,  the  day  so  designated  by  him  shall  thereafter 
continue,  unless  changed  by  order  of  court  as  herein  provided,  to  be 
the  day  for  the  holding  elections  for  members  of  the  Board  of  Educa- 
tion, and  all  the  provisions  of  this  act  and  of  the  general  law  regu- 
lating elections  in  this  Commonwealth,  when  not  otherwise  incon- 
sistent, shall  apply  to  and  govern  said  elections,  except  that  it  shall 
be  the  duty  of  the  clerk  of  said  election  to  issue  said  ballots  in  said 
separate  elections  in  the  same  manner  as  other  ballots  are  issued 
by  him  in  general  elections.  Said  petition  to  be  filed  with  the 
county  court,  as  aforesaid,  shall  be  filed  not  later  than  the  1st  day 
of  September  of  the  regular  year  or  years  for  holding  said  elections 
beginning  with  the  year  1912,  and  shall  show  the  place  of  residence 
of  each  person  signing  it,  and  the  order  of  the  county  judge  in  refer- 
ence thereto  shall  be  entered  within  fifteen  days  after  the  filing  of 
same.  The  expense  of  holding  said  separate  elections,  if  ordered,  as 
aforesaid,  shall  be  paid  for  by  the  city  wherein  same  shall  be  held 
out  of  its  general  funds. 

§  321. — Number  of  Candidates  to  be  Voted  For — Each  voter  may 
vote  for  as  many  of  said  candidates  as  there  are  members  to  be 
elected,  by  making  a  cross  in  the  square  opposite  the  name  of  each 
candidate  for  whom  he  wishes  to  vote.  Th.e  candidates,  in  number 
equal  to  the  number  of  members  to  be  chosen,  who  have  the  highest 
number  of  votes,  shall  be  declared  elected.  If  at  any  election  a  mem- 
ber is  to  be  chosen  to  fill  a  vacancy  and  to  serve  out  an  unexpired 
term,  candidates  may  be  chosen  as  above  provided,  but  they  shall,  in 
all  cases,  be  designated  on  the  ballot  as  candidates  to  fill  a  vacancy, 
and  the  date  of  the  unexpired  term  shall  be  stated. 

§  322. — Time  of  Election— At  the  election  occurring  in  the  month 
of  November,  1912,  or  on  such  date  as  may  be  fixed  in  1912  by  order 
of  the  county  court  according  to  the  provisions  of  section  320  of  this 
act,  five  members  of  the  Board  of  Education  shall  be  elected  as 
herein  provided.  After  having  qualified  by  taking  the  oath  pre- 
scribed by  law,  they  shall  assume  office  on  the  first  Monday  in  Jan- 
uary, 1913,  and  shall  meet  at  the  office  of  the  present  Board  of  Edu- 
cation of  said  city  on  said  day,  and  shall  proceed  to  organize  by 
electing  one  of  their  number  President,  and  another  Vice-Presi- 
dent. Within  one  week  after  the  organization  of  said  Board,  it 
shall  meet  to  divide  its  members  by  lot  in  such  manner  as  they 


SCHOOL  LAWS  OP  KENTUCKY.  113 

shall  determine  into  two  classes,  as  follows:  The  first  class  con- 
sisting of  two  members  shall  hold  office  through  the  31st  'day  of 
December,  1914;  the  second  class  consisting  of  three  members,  shall 
hold  office  through  the  31st  day  of  December,  1916.  At  the  election 
of  1914,  and  at  each  regular  election  held  in  each  even  numbered 
year  thereafter,  members  shall  be  elected  as  hereinbefore  provided 
to  take  the  place  of  those  whose  terms  will  next  expire,  and  the  mem- 
bers so  chosen  shall  hold  office  for  four  years,  or  until  their  succes- 
sors are  elected  and  qualified.  At  its  first  regular  meeting  after 
the  first  day  of  January  in  each  year  following  said  regular  elections, 
said  Board  of  Education  shall  organize  by  electing  one  of  its  mem- 
bers President  and  another  Vice-president.  The  Board  shall  hold 
meetings  regularly  at  least  once  a  m,onth,  and  shall  keep  a  correct 
record  of  its  proceedings  in  a  book  provided  for  that  purpose,  which 
shall  be  a  public  record  open  to  inspection  by  any  officer  or  citizen 
of  the  city. 

§  323.— Members— Failure  to  Attend  Meetings  of  Board— Any 
member  failing  to  attend  the  meetings  of  the  Board  for  three  con- 
secutive regular  meetings,  unless  excused  by  the  Board  for  reasons 
satisfactory  to  the  Board,  shall  be  deemed  to  have  vacated  his  seat. 

§  324. — Vacancy — How  Filled — Any  vacancy  in  said  Board,  from 
whatever  cause  occurring,  shall  be  temporarily  filled  by  the  other 
members  of  the  Board  as  soon  as  practicable  after  such  vacancy  oc- 
curs. The  member  so  chosen  shall  hold  office  until  his  successor  is 
elected  and  qualified,  subject  to  the  provisions  of  section  1,52  of  the 
Constitution  of  Kentucky. 

§  325. — Old  Board  to  Surrender  Office — When  members  of  the 
Board  of  Education  shall  have  been  elected,  shall  have  qualified,  and 
shall  have  organized  as  hereinbefore  provided,  thereupon  it  shall  be- 
come the  duty  of  any  then  existing  corporations,  or  board  of  Educa- 
tion, or  officers  of  the  school  district  of  such  city  to  surrender  their 
offices,  and  to  deliver  to  said  Board  of  Education,  or  to  its  officers, 
agents  or  employees,  all  the  public  school  property,  both  real  and  per- 
sonal, of  every  kind  whatsoever,  and  the  control  and  management  of 
the  public  school  affairs  of  such  city.  Provided,  That  until  such 
Board  of  Education  shall  be  organized,  the  administration  of  the 
public  schools  and  the  management  of  school  property  in  such  city 
shall  remain  in  the  control  of  any  such  existing  corporation,  board 
of  education  or  officers  of  the  school  district,  in  the  same  manner 
and  with  the  same  power  as  existed  prior  to  the  passage  of  this  act; 
and  the  Board  of  Education  elected  under  this  act  shall  continue, 
subject  to  removal  for  cause,  the  employment  and  service  of  any 
existing  officers,  teachers,  agents,  or  other  employees,  in  their  sev- 
eral capacities  in  connection  with  the  administration  of  school  af- 
fairs, until  the  close  of  the  term  for  which  they  have  been  elected; 
and  said  Board  of  Education  may  thereafter  retain  without  examina- 
tion, or  remove  any  agents,  teachers,  janitors,  engineers,  or  other 


114  SCHOOL  HAWS  O'F  KENTUCKY. 

employees  then  rendering  service  in  connection  with  the  public 
schools  of  said  city  for  cause  to  be  stated  in  writing. 

All  rules  and  by-laws  made  by  any  existing  corporation,  board 
of  education  or  officers  of  the  scliool  district,  at  such  time  vested 
in  such  city  with  the  management  of  the  public  schools  shall  con- 
tinue in  force,  so  far  as  consistent  with  this  act,  until  repealed  or 
altered  by  such  Board  of  Education. 

§  326. — Rules  and  By^Laws  May  be  Adopted— It  shall  be  the  duty 
of  said  Board  of  Education,  within  sixty  days  after  its  organization, 
to  adopt  rules  and  by-laws  for  its  meetings  and  proceedings,  and  for 
the  government,  regulation  and  management  of  the  schools  and 
school  property,  and  for  the  examination,  qualification  and  employ- 
ment of  teachers.  And  such  rules  or  by-laws  may  be  changed,  altered 
or  set  aside,  only  upon  an  affirmative  vote  of  four  (4)  members  of 
the  Board.  * 

§  327. — Superintendent — Power  to  Appoint — Qualifications  —  Tne 
Board  of  Education  shall  appoint  a  superintendent  of  schools,  whose 
term  of  office  shall  'begin  on  July  1st,  following  his  appointment  and 
who  shall  serve  for  a  term  of  two  years,  but  whenever  a  superin- 
tendent who  shall  have  served  two  years  after  the  appointment  whicli 
is  to  be  made  under  this  law  shall  be  reappointed  to  succeed  himself, 
his  reappointment  shall  be  for  a  term  of  four  years.  He  may  be  re- 
moved by  three  (3)  members  of  the  Board  for  cause,  or  at  any  time 
by  four  (4)  members  of  the  Board  and  the  vacancy  thus  created  shall 
be  filled  by  the  Board  only  until  the  first  day  of  July  following,  when 
the  temporary  incumbent  or  some  other  person  shall  be  appointed 
for  a  first  term  of  two  years  as  hereinbefore  provided.  The  Board  of 
(Education  may,  on  the  nomination  of  the  Superintendent  of  Schools, 
•appoint  as  many  assistant  superintendents  as  it  may  deem  necessary, 
whose  compensation  shall  be  fixed  by  the  Board,  and  who  may  be 
removed  for  cause  by  the  Superintendent  with  the  approval  of  the 
Board. 

The  Superintendent  of  Schools  shall  qualify  by  taking  the  oath 
prescribed  by  law,  and  shall  have  general  supervision,  subject  to  the 
control  of  the  Board,  of  the  course  of  instruction,  discipline  and  con- 
duct of  the  schools,  text  books  and  studies;  and  all  appointments, 
promotions  and  transfers  of  teachers  and  truant  officers,  and  intro- 
duction and  changes  of  text  books  and  apparatus,  shall  be  made 
only  upon  the  recommendation  of  the  Superintendent  and  the  ap- 
proval of  the  Board.  The  Superintendent  shall  have  power  to  sus- 
pend any  teacher  or  truant  officer  for  cause  deemed  by  him  suffi- 
cient, and  the  Board  of  Education  shall  take  such  action  upon  the 
restoration  or  removal  of  such  person  as  it  may  deem  proper.  All  ap- 
pointments and  promotions  of  teachers  shall  be  made  upon  the  basis 
of  merit,  to  be  ascertained  as  far  as  practicable,  in  cases  of  appoint- 
ment, by  examination,  and  in  cases  of  promotion,  by  length  and  char- 
acter of  service.  Examinations  for  appointment  shall  be  conducted  by 


SCHOOL  LAWS  OF  KENTUCKY.  115 

the  Superintendent  in  accordance  with  the  State  law  for  the  certifica- 
tion of  teachers  and  under  such  other  regulations  as  may  be  made 
by  the  Board.  The  Superintendent  of  Schools  shall  devote  himself 
exclusively  to  the  duties  of  his  office,  and  shair  have  power  to  ap- 
point clerks,  whose  number  and  salary  shall  be  fixed  by  the  Board, 
and  shall  have  power  to  remove  the  same;  shall  exercise  a  general 
supervision  over  the  schools  of  the  city,  examine  their  conditions  and 
progress,  and  shall  keep  himself  informed  of  the  progress  of  educa- 
tion in  other  cities.  He  shall  advise  himself  of  the  need  of  extension 
of  the  school  system  of  the  city,  shall  make  report  from  time  to  time 
as  may  be  fixed  by  the  rules  or  directed  by  the  Board,  and  shall  be 
responsible  to  the  Board  for  the  conditions  of  the  instruction  and  dis- 
cipline of  the  schools.  The  term  "teachers"  as  used  therein  shall  in- 
clude supervisors,  supervising  principals  and  principals. 

§  328.— ^Business  Director— Powers  and  Duties— The  Board  of  Edu- 
cation may  appoint  a  business  director  whose  term  of  office  shall 
begin  on  July  1st  following  his  appointment,  and  who  shall  serve  for 
a  term  of  one  year;  but  whenever  a  business  director  who  shall  have 
served  one  year  after  the  appointment  which  is  to  be  made  under 
this  law,  shall  be  re-appointed  to  succeed  himself,  his  re-appointment 
shall  be  for  a  term  of  four  years.  He  may  be  removed  for  cause  by 
a  vote  of  three  members  of  the  Board,  or  at  any  time  by  a  vote  of 
four  members  of  the  Board.  His  compensation  shall  not  be  changed 
during  the  term  for  which  he  is  elected.  The  Business  Director  shall 
qualify  by  taking  the  prescribed  oath,  and  shall  be  the  executive  offi- 
cer of  the  Board.  He  shall  execute  for  the  Board  of  Education,  in 
the  name  of  the  Board,  its  contracts  and  obligations,  except  that 
bonds  issued  shall  be  signed  by  the  President  of  the  Board  and  at- 
tested by  the  Business  Director;  he  shall  see  that  all  contracts  made 
by  or  with  said  Board  are  fully  and  faithfully  performed;  he  shall 
have  the  care  and  custody  of  all  property  of  the  Board  of  Education, 
real  and  personal,  except  moneys;  he  shall  oversee  the  construction 
of  buildings  in  process  of  erection  and  repairs  of  buildings  owned 
or  controlled  by  the  Board;  shall  advertise  for  bids,  and  shall  pur- 
chase all  supplies  and  equipments  authorized  by  the  Board;  and  gen- 
erally, shall  execute  and  carry  into  effect  all  matters  and  things,  au- 
thority for  which  shall  have  been  granted  by  the  Board,  as  herein 
provided. 

§  329.— Business  Director — Salary— Bond — The  Business  Director 
shall  devote  his  entire  time  to  the  duties  of  his  office,  and  shall  re- 
ceive an  annual  salary  to  be  fixed  by  the  Board  and  payable  monthly 
out  of  the  school  fund  of  the  city.  Before  entering  upon  the  discharge 
of  the  duties  of  his  office  he  shall  give  a  bond  for  the  faithful  per- 
formance thereof  in  a  sum  to  be  fixed  by  the  Board,  with  a  bonding 
company  as  surety  to  be  approved  by  the  Board,  which  bond  shall  be 
paid  for  by  the  Board  and  deposited  with  the  Treasurer  within  ten 
days  from  date  of  election,  to  be  preserved  by  him. 


116  SCHOOL  LAWS  OF  KENTUCKY. 

§  330. — Employees — To  Be  Employed  by  Business  Director — Sub- 
ject to  the  approval  of  the  Board  of  Education  as  to  the  number  and 
salaries,  the  Business  Director  shall  have  power  to  appoint  such  engi- 
neers, janitors  and  other  employees  and  agents,  as  may  be  necessary 
for  the  proper  performance  of  the  duties  of  his  department,  for  whom 
he  shall  be  responsible,  and  whom  he  shall  have  power  to  remove. 
He  shall  appoint  such  assistants  and  deputies  as  may  be  authorized 
by  the  Board  of  Education,  whose  compensation  shall  be  fixed  by  the 
Board.  Such  assistants  and  deputies  shall  be  subject  to  removal  by 
the  Business  Director,  who  shall  be  responsible  for  the  proper  perform- 
ance of  their  duties.  He  shall  perform  such  other  duties  as  may  be 
required  of  him  by  the  Board. 

§  331. — Contracts  for  Buildings— Bids  to  be  Received — All  con- 
tracts for  the  erection  of  school  buildings  and  additions  thereto  shall 
be  made  by  said  Board  of  Education,  after  public  letting,  to  the  low- 
est and  best  responsible  bidder  complying  with  the  terms  of  the  let- 
ting, but  it  may  reject  all  bids.  The  necessary  specifications  and 
drawings  shall  be  prepared  for  all  such  work,  and  bids  therefor  §hall 
be  solicited  by  such  advertisement  as  the  Board  of  Education  may 
provide.  All  work  of  repairs,  alterations  and  construction,  other  than 
said  original  erections  and  additions,  in  and  upon  school  buildings 
and  the  grounds  adjacent  thereto,  shall  be  done  directly  by  the  Busi- 
ness Director,  subject  to  the  approval  and  control  of  the  Board,  and, 
whenever  directed  to  do  so  by  said  Board,  he  shall  solicit  bids  and 
prepare  or  secure  drawings  and  specifications  therefor. 

No  bids  shall  be  entertained  by  the  Business  Director  which  are 
not  made  in  accordance  with  the  specifications  furnished  by  him,  and 
all  contracts  shall  be  let  to  the  lowest  and  best  responsible  bidder 
complying  with  the  terms  of  the  letting:  Provided,  however,  That 
the  said  Business  Director  shall  have  the  right  to  reject  any  and  all 
bids. 

§  332. — Supplies — Contract  to  be  Awarded  Lowest  Bidder— The 
Board  of  Education  shall,  at  or  prior  to  the  beginning  of  each  fiscal 
year,  cause  advertisements  to  be  made  under  such  regulations  as  it 
may  provide,  for  proposals  for  furnishing  the  supplies,  required  in 
the  schools  and  by  the  Board  for  the  ensuing  year;  and  every  con- 
tract therefor  shall  be  awarded  to  the  lowest  and  best  responsible 
bidder  complying  with  the  terms  of  the  letting:  Provided,  however, 
That  said  Board  shall  have  the  right  to  reject  any  and  all  bids.  If 
other  supplies  are  required  during  the  year,  they  shall  be  furnished 
under  contract  awarded  in  like  manner;  but  the  Board  may  author- 
ize the  purchase  of  supplies  not  exceeding  fifty  dollars  in  amount 
without  letting  a  contract.  The  Board  shall  make  distribution  of  sup- 
plies through  such  agencies  and  in  such  manner  as  it  deems  proper, 
and  the  Board  may  contract  for  text-books  or  school  apparatus  for 
such  term  of  years  as  it  deems  proper,  provided  this  term  does  not 
exceed  four  years. 


SCHOOL  LAWS  OF  KENTUCKY.  117 

§  333. — Business  Director  to  Act  as  Secretary — Custodian  of  Funds. 
— The  Business  Director  shall  also  act  as  Secretary  of  the  Board,  and 
as  such,  he  shall,  subject  to  the  control  of  the  Board,  inspect  regular- 
ly the  fiscal  affairs  of  the  public  schools  of  the  city,  and  shall  have 
charge  of  the  collection  and  payment  of  funds  to  the  bank  or  trust 
company  selected  as  the  Treasurer  of  the  Board,  and  the  disburse- 
ment of  all  revenues  and  moneys  belonging  to  the  Board.  He  shall 
have  supervision  under  the  direction  of  the  Board,  of  any  permanent 
school  fund  of  the  city,  and  the  investment  thereof,  and  all  invested 
property  of  the  Board.  He  shall  record  the  proceedings  of  the  Board 
in  such  manner  as  may  be  directed  by  the  Board  and  shall  deposit 
daily  in  the  designated  depository  of  the  Board  all  money  collected 
or  received  by  him  for  the  Board.  He  shall  furnish,  at  the  beginning 
of  each  month,  a  statement  of  receipts  and  disbursements  of  the  pre- 
ceding month;  and  at  the  end  of  the  fiscal  year  he  shall  make  to  the 
Board  a  full  and  comprehensive  report  of  its  financial  affairs  for  the 
preceding  year.  He  shall  be  the  custodian  of  all  securities,  documents, 
title  papers,  books  of  record  and  other  papers  belonging  to  the  Board, 
under  such  conditions  as  the  Board  may  direct.  It  shall  be  his  duty 
to  see  that  no  liability  is  incurred  or  expenditure  made  without  due 
authority  of  law,  and  that  appropriations  are  not  overdrawn,  and  that 
all  expenditures  are  charged  to  the  appropriations  from  which  they 
should  come. 

§  334. — Funds  to  be  Deposited  Under  Contract — The  Board  of  Edu- 
cation shall,  in  the  month  of  June  of  each  year,  advertise  for  bids 
from  the  banks  and  trust  companies  in  such  city  to  act  as  Treasurer 
and  receive  the  current  deposits  of  such  Board,  to  be  secured  by 
bonds  with  surety  to  be  approved  by  the  Board,  in  an  amount  to  be 
fixed  by  the  Board.  Said  bids  shall  specify  the  rate  of  interest  to  be 
allowed  to  said  Board  on  such  deposits,  the  term  on  which  such  de- 
posits will  be  received,  and  the  nature  of  the  security  offered;  and 
such  deposits  shall  be  annually  awarded  to  the  bank  or  trust  com- 
pany that  offers,  with  the  required  security,  the  highest  rate  of  inter- 
est and  the  best  terms  therefor;  and  the  Board  shall  cause  contracts 
for  the  ensuing  year  to  be  made  with  such  bank  or  trust  company  so 
receiving  the  award  of  such  deposits.  All  moneys  due  the  Board,  from 
any  source  whatsoever,  shall  be  paid  to  the  Secretary  who  shall 
thereupon  cause  all  funds  received  to  be  paid  into  such  designated 
depository.  The  fiscal  year  of  the  Board  shall  end  on  the  30th  day  of 
June  of  each  year,  and  the  annual  contract  shall  be  made  in  the 
month  of  June  of  each  year  for  the  deposits  of  the  succeding  fiscal 
year. 

§  335. —  Funds — How  Expended — The  funds  of  the  Board  deposited 
in  bank  shall  be  withdrawn  only  on  the  order  of  the  Board  evidenced 
by  the  check  of  its  Business  Director,  countersigned  by  the  President 
of  the  Board,  or,  in  his  absence  or  disability,  by  the  Vice-President. 

§  336.— Revenues— Apportionment— It  shall  be  the  duty     of    such 


118  SCHOOL  LAWS  OF  KENTUCKY. 

Board  of  Education  at  the  beginning  of  each  fiscal  year,  to  apportion 
the  revenue  available  for  that  year  to  the  different  departments,  for 
expenditure  in  support  of  the  schools  for  that  year,  and  no  report  or 
resolution  shall  be  adopted  by  the  Board  calling  for  the  expenditure  of 
money  unless  it  states  specifically  the  fund  from  which  the  appropria- 
tion is  to  be  made,  and  is  accompanied  by  the  certificate  of  the  Busi- 
ness Director  and  that  there  is  a  balance  in  such  fund  available  for 
such  expenditure. 

§  337. — Power  to  Borrow  Money— The  Board  of  Education  shall 
have  the  power  to  borrow  money  on  the  credit  of  the  Board  in  antici- 
pation of  the  revenue  from  school  taxes  for  the  fiscal  half  year  in 
which  the  same  is  borrowed  and  pledge  said  school  taxes  for  the 
payment  of  the  principal  and  interest  of  said  loan:  Provided,  That 
the  interest  paid  shall  in  no  case  exceed  six  per  cent,  per  annum  and 
the  principal  shall  in  no  case  exceed  fifty  per  cent,  of  the  anticipated 
revenue  for  the  fiscal  half  year  in  which  the  same  is  borrowed. 

§  338. — Estimate  of  Expenses— Levy  of  Taxes— To  raise  money 
for  the  maintenance  of  the  schools  the  General  Council  or  Board  of 
Commissioners  shall  annually  cause  to  be  levied  and  collected  as  the 
Board  of  Education  may  request  as  hereinafter  provided,  a  tax  of  not 
less  than  thirty  (30)  cents  on  each  one  hundred  ($100.00)  dollars 
worth  of  property  assessed  for  taxation  for  city  purposes.  It  shall 
be  the  duty  of  the  Board  of  Education  annually  to  make  a  careful 
estimate  of  the  probable  amount  of  money  necessary  for  conducting 
the  schools  and  the  business  entrusted  to  the  Board  during  the"  cur- 
rent fiscal  year,  and  it  shall,  prior  to  the  first  day  of  December,  cer- 
tify said  amount  to  the  General  Council  or  Board  of  Commissioners 
with  the  request  that  a  tax  for  schools  sufficient  to  realize  for  said 
Board  the  amount  aforesaid  shall  be  levied  on  each  one  hundred 
($100.00)  dollars  worth  of  property  assessed  for  taxation  for  city  pur- 
poses, and  that  said  levy  shall  be  included  in  the  annual  ordinance  for 
said  year.  If,  in  any  year,  the  amount  so  certified  and  requested,  shall 
represent  a  tax  rate,  as  based  upon  the  total  assessment  of  taxable 
property  for  said  year,  greater  than  forty  cents  for  maintenance  pur- 
poses, the  General  Council  may  fix  the  levy  for  schools  at  forty  cents 
and  disregard  the  excess.  If,  in  any  year,  the  Board  shall  fail  to 
make  the  certificate  and  request  as  aforesaid,  the  General  Council  or 
Board  of  Commissioners  shall  make  a  levy  fcr  schools  that  shall  be 
the  same  as  it  was  the  year  before. 

§  339. — Treasurer  to  Collect  Taxes  and  Pay  Over  to  Board— Upon 
the  completion  of  the  assessment  of  property  for  taxation,  the  amount 
levied  as  above,  shall  annually  be  passed  to  the  credit  of  the  school 
fund  upon  the  books  of  the  city,  and  the  said  amount,  as  collected, 
shall  be  paid  over  to  the  Board  by  the  Treasurer  of  the  city  in  regular 
weekly  installments,  the  first  payment  to  be  made  within  one  week 
after  the  collection  of  said  amount  shall  have  been  commenced  and 


SCHOOL  LAWS  OF  KENTUCKY.  119 

the  other  payments  to  be  made  weekly  thereafter,  in  current  money 
by  the  said  Treasurer  as  collected. 

§  340. — Power  to  Purchase  Site — Improvement  Bonds  to  be  Voted. 
— Whenever  the  Board  of  Education  shall  deem  it  necessary  for  the 
proper  accommodation  of  the  schools  of  such  city  to  purchase  a  site 
or  sites  to  erect  school  houses  for  the  high  schools  or  for  the  other 
schools,  or  for  any  or  all  these  purposes,  and  the  annual  funds  raised 
from  other  sources  are  not  sufficient  to  accomplish  said  purpose  or 
purposes  and  a  bond  issue  is  necessary,  said  Board  shall  make  a  care- 
ful estimate  of  the  probable  amount  of  money  required  for  such  pur- 
pose or  purposes  and  it  shall  certify  to  the  General  Council  or  Board 
of  Commissioners  of  said  city  the  fact  that  an  election  for  an  issue 
of  bonds  for  school  improvement  shall  be  held,  together  with  the 
amount  of  money  for  which  bonds  shall  be  issued  and  the  purpose  or 
purposes  to  which  the  proceeds  thereof  shall  be  applied.  It  shall 
thereupon  be  the  duty  of  the  General  Council  or  Board  of  Commis- 
sioners to  adopt  an  ordinance  submitting  to  the  qualified  voters  of  the 
city  at  the  next  regular  municipal  election  the  question  whether  bonds 
of  the  city  shall  be  issued  for  the  purpose  or  purposes  aforesaid.  The 
bonds  so  issued  shall  be  designated  as  "SCHOOL  IMPROVEMENT 
BONDS"  and  the  ordinance  shall  provide  the  date  and  maturity  of 
such  bonds,  the  rate  of  interest  they  shall  bear,  and  the  total  amount 
to  be  issued;  and  the  ordinance  shall  also  contain  the  necessary  de- 
tails in  reference  to  the  execution  and  delivery  of  said  bonds,  their 
denominations,  coupons  .to  be  annexed,  tax  to  be  levied'  to  pay  the 
interest,  and  a  sinking  fund  to  retire  such  bonds  at  maturity. 

No  submission  of  the  question  of  issuing  bonds  hereunder  shall 
be  had  prior  to  the  regular  municipal  election  in  November,  1913,  and 
the  total  outstanding  issue  of  bonds  for  school  purposes  including 
bonds  already  issued,  shall  never  exceed  two  hundred  and  fifty  thou- 
sand dollars;  The  question  to  be  submitted  shall  be  so  framed  that 
the  voter  may,  Joy  his  vote,  answer  For  or  Against. 

If  the  voters  of  the  city  shall  determine  by  a  two-thirds  majority 
of  those  noting  that  such  bonds  shall  be  issued,  they  shall  when  so 
issued,  be  placed  under  the  control  of  the  Board  of  Education,  who 
shall  determine  when  and  at  what  price  and  how  they  shall  be  sold: 
Provided,  That  no  such  bonds  shall  be  sold  for  less  than  par:  and 
provided  further,  that  any  premium  which  may  be  obtained  from  said 
bonds  shall  constitute  a  part  of  the  sinking  fund  for  their  ultimate 
retirement.  As  the  bonds  are  sold  their  proceeds  shall  be  placed  to 
the  credit  of  the  Board  in  the  same  depository  which  is  selected  for 
its  other  funds,  but  shall  be  kept  in  a  separate  account  and  shall  be 
used  only  for  the  purposes  for  which  the  bonds  were  issued. 

It  shall  be  the  duty  of  the  General  Council  or  of  the  Board  of 
Commissioners,  in  addition  to  the  levy  made  for  the  maintenance  of 
the  schools  as  hereinbefore  provided,  to  levy  annually  in  its  tax 
levy  a  rate  that  will  raise  a  sum  that  shall  be  sufficient  to  pay  the 


120  SCHOOL  LAWS  OF  KENTUCKY. 

interest  and  create  a  sinking  fund  for  the  payment  of  the  bonds  at 
maturity.  The  said  bonds,  principal  and  interest,  shall  be  a  charge 
upon  the  sinking  fund  of  said  city,  and  it  shall  be  entitled  to  have  the 
annual  tax  that  shall  be  levied  as  aforesaid. 

§  341. — Funds  for  Maintenance  of  Schools. — For  the  maintenance 
of  the  schools  there  shall  be  appropriated  the  sum  or  sums  which  may 
be  received  from  year  to  year  as  the  city's  portion  of  the  school  fund 
of  this  Commonwealth. 

§  342. — 'Escheated  Lands — So  much  property  in  the  city  as,  from 
any  cause  shall  escheat  to  the  Commonwealth  of  Kentucky,  shall  vest 
in  the  Board  for  the  use  and  benefit  of  the  public  schools  of  the  city. 
Said  Board  may,  in  the  name  of  the  Commonwealth,  for  the  use  and 
benefit  of  the  said  schools,  by  its  President  or  other  officer  to  be 
designated  by  it,  enter  upon  and  take  possession  of  said  property,  or 
sue  for  and  recover  the  same  by  action  at  law  or  in  equity,  and  with- 
out office  found.  The  Board  may  sell  and  convey  any  of  such  prop- 
erty by  warranty  deed  or  otherwise. 

§  343. — Duty  of  Officers  as  to  Collection  of  Taxes — All  officers  of 
any  city  of  the  second  class,  and  of  the  State,  concerned  with  the 
assessment  and  collection  of  taxes,  fines  and  penalties,  shall  perform 
such  duties  in  relation  to  the  levying  and  collection  of  school  taxes 
and  the  collection  of  such  fines  and  penalties,  and  the  payment  there- 
of to  said  Board  for  school  purposes,  as  are  now  imposed  by  the  exist- 
ing laws  upon  such  officers  in  relation  to  the  levy  and  collection  of 
school  taxes  and  the  collection  of  fines  and  penalties  payable  to  the 
school  funds;  and  nothing  in  this  Act,  unless  inconsistent  therewith, 
shall  be  construed  as  repealing  any  existing  law  providing  for  the 
assessment  and  collection  of  school  taxes  in  such  city;  and  all  powers 
and  duties  conferred  by  existing  laws  upon  any  Board  in  relation 
thereto  shall  be  continued  in  the  Board  created  by  this  act. 

§  344. — Expert  Accountant  to  be  Employed — At  the  close  of  each 
fiscal  year  of  said  Board,  the  Board  of  Commissioners  or  the  Gen- 
eral Council  of  such  city  shall  appoint  one  or  more  expert  account- 
ants, who  shall  examine  the  books,  accounts  and  vouchers  of  the 
Business  Director  and  Secretary,  the  Treasurer  and  all  other  depart- 
ments of  expenditures  of  the  Board,  and  shall  make  due  report  there- 
of to  the  Mayor  and  Board  of  Education  of  such  city.  All  the  officers 
and  employees  of  the  Board  shall  produce  and  submit  to  such  account- 
ants for  examination  all  books,  papers,  documents,  vouchers  and  ac- 
counts in  their  office  belonging  to  the  same  or  thereto  pertaining, 
and  shall  in  every  way  assist  said  accountants  in  their  work.  In  the 
report  to  be  made  by  said  accountants  they  may  make  any  recom- 
mendation they  deem  proper  as  to  the  business  methods  of  such  offi- 
cers and  employees.  A  reasonable  compensation  for  such  services 
shall  be  paid  by  the  Board. 

§  345.— Kindergartens— Power  to  Establish — The  Board  of  Edu- 
cation shall  have  power  to  establish  and  maintain  todergartens  for 


SCHOOL  LAWS  OF  KENTUCKY.  121 

children  from  four  to  six  years  of  age,  high  schools,  night  schools  for 
all  residents  of  the  city,  and  normal  training  classes  for  the  purpose 
of  training  teachers  to  fill  positions  in  the  schools  of  the  city,  and  to 
this  end  it  may  prescribe  rules  and  regulations  for  the  government  of 
such  schools  and  employ  the  principals  and  other  teachers  necessary 
for  their  efficient  management. 

§  346.— Schools  for  Colored  Children— The  Board  of  Education 
shall  provide,  maintain  and  support  separate  schools  wherein  all 
colored  children,  who  are  bona  fide  residents  of  said  city,  between  the 
ages  of  six  and  twenty  years,  may  be  taught  in  like  manner  as  herein 
provided  for  white  children.  Said  colored  schools  shall  be  entitled  to 
the  same  benefits,  be  governed  by  the  same  rules  and  regulations, 
and  be  subject  to  the  same  restrictions  as  the  schools  herein  provid- 
ed for  the  white  children. 

§  347.— Examination  of  Teachers— The  Board  shall  prescribe  the 
necessary  qualifications  and  mode  of  examination  for  applicants  for 
admission  to  the  various  schools. 

The  said  Board  shall  have  authority  to  make  rules  and  regulations 
under  which  the  Superintendent  may  furnish  text  books  and  other 
school  supplies  to  children  who  are  not  otherwise  able  to  obtain  them. 

§  348. — Religious  Dogmas — No  catechism  or  other  formula  of  relig- 
ious belief  shall  be  taught  or  inculcated,  nor  shall  any  class-book  be 
used  which  reflects  on  any  religious  denomination. 

§  349.— Pupils — Who  May  Attend — The  Board  shall  have  the  power 
to  admit  to  any  schools  pupils  from  beyond  the  city  limits  and  to  col- 
lect for  these  pupils  tuition  fees  for  the  benefit  of  the  school  fund 
of  the  city.  Children  or  persons  residing  outside  of  the  city  limits 
shall  not  be  admitted  as  pupils  into  any  of  the  public  schools,  except 
upon  payment  of  such  tuition  as  the  Board  may  require  as  aforesaid. 

§  350.— Reports  to  be  Made— A  city  of  the  second  class  being 
deemed  one  school  district  for  taxation  purposes  and  entitled  to  its 
proportion  of  the  public  school  fund  of  the  Commonwealth,  the  Board 
of  Education  of  such  city  shall  make  detailed  reports  annually  and 
special  reports  as  required  to  the  State  Superintendent  of  Public  In- 
struction. The  Board  shall  also  in  the  year  1913,  and  every  third 
year  thereafter,  cause  to  be.  taken  the  census  of  children  of  school 
age  and  make  returns  thereof  to  the  Superintendent  of  Public  In- 
struction, and  at  the  same  time  other  school  officers  are  required  to 
make  returns;  and  for  neglect  of  duty  the  members  of  the  Board 
shall  be  liable  to  the  same  penalties.  This  census  shall  be  taken 
under  regulations  approved  by  the  State  Board  of  Education. 

For  the  years  in  which  no  census  is  required  to  be  taken,  the 
Superintendent  of  Public  Instruction  shall  determine  the  amount  per 
capita  to  be  paid  over  to  the  Board  of  Education  of  such  cities,  by 
adding  annually  to  the  number  of  children  of  school  age  as  shown 
by  the  next  preceding  census  actually  taken,  such  increase  or  addi- 
tion as  he  may  ascertain  to  be  the  annual  increase  of  children  of 


•  122  SCHOOL  LAWS  OF  KENTUCKY. 

school  age  in  the  district  upon  averaging  the  yearly  increase  shown 
by  the  three  actual  enumerations  next  preceding:  Provided,  however, 
That  the  Board  of  Education  of  any  such  city  or  the  Superintendent 
of  Public  Instruction  may  elect  to  take  an  actual  census  in  any  of 
such  years,  in  which  case  the  return  of  such  census  shall  govern. 

§  351. — Report  to  be  Published--The  Board  of  Education  shall,  at  the 
•end  of  each  scholastic  year,  prepare  and  publish,  for  the  information 
of  the  public,  a  report  which  shall  include  the  annual  reports  made  to 
the  Board  by  the  Superintendent,  Business  Director  and  Secretary 
and  the  Treasurer,  together  with  such  other  information  as  may  be 
proper  and  necessary  to  an  understanding  of  the  general  condition 
and  educational  progress  of  the  schools  during  the  preceding  year. 

§  352. — Violations — Penalties — Any  member,  officer,  or  employee  of 
such  Board  who  shall  wilfully  violate  any  of  the  provisions  of  this  act 
shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction,  shall 
be  punished  by  a  fine  of  not  more  than  five  hundred  dollars  or  im- 
prisonment not  exceeding  one  year,  or  by  both  fine  and  imprison- 
ment in  the  discretion  of  the  jury. 

§  353. — Testimony  to  be  Under  Oath — All  testimony  taken  upon 
any  investigation  made  by  the  Board  or  in  any  proceedings  before 
the  Board  for  the  removal  of  any  officer  or  employee  of  the  Board, 
or  in  any  investigation  made  by  any  committee  of  the  Board,  shall 
be  under  oath,  which  oath  may  be  administered  by  the  Secretary  or 
any  officer  authorized  to  administer  oaths. 

Said  Board,  or  any  duly  constituted  committee  thereof,  shall  have 
the  power  in  any  investigation  or  proceedings  before  it  concerning  a 
matter  which  may  be  a  proper  subject  of  inquiry  by  it,  to  summon 
witnesses  by  subpoena  and  to  enforce  the  compulsory  attendance  of 
said  witnesses.  Should  any  person  so  summoned  refuse  to  attend  or 
to  produce  a  paper  to  be  used  as  evidence  in  said  investigation,  or 
proceedings,  or,  being  present,  refuse  to  testify  concerning  any  mat- 
ter which  may  be  a  proper  subject  of  inquiry,  he  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  thereof,  shall  be  fined  in 
any  sum  not  less  than  ten  and  not  more  than  fifty  dollars. 

§  354. — Repealing  Clause — The  general  school  laws  of  this  State 
and  all  laws  and  parts  of  laws  applicable  to  the  general  system  of 
public  schools  in  a  city  of  the  second  class  and  not  inconsistent  here- 
with, shall  be  in  full  i'orce  and  effect  in  such  city. 


SCHOOL  LAWS  OF  KENTUCKY.  123 


CHAPTER  XX. 
PUBLIC  SCHOOLS   IN   CITIES  OF  THE   THIRD  CLASS. 

§  355. — Board  of  Education — Election — Qualification — Time  of 
Meeting — There  shall  be  maintained  a  system  of  public  schools  at 
which  all  the  children  residing  in  the  city  between  the  ages  of  six 
and  twenty  years  may  be  taught  at  the  public  expense.  Said  schools 
shall  be  under  the  control  of  a  board  to  be  styled  "The  Board  of 
Education,"  consisting  of  two  trustees  from  each  ward  in  the  city, 
to  be  elected  at  the  general  November  election  in  1893,  by  the  quali- 
fied voters  of  the  city  at  large.  The  trustees  so  elected  shall  hold 
their  offices  one-half  for  two  years  and  one-half  for  four  years,  as 
shall  be  determined  by  lot  at  the  first  regular  meeting  after  the 
election.  And  at  the  general  election,  every  two  years  thereafter, 
there  shall  be  elected  by  the  qualified  voters  of  the  city  at  large  one 
trustee  from  each  ward  in  the  city  in  which  the  term  of  his  pre- 
decessor in  office  will  then  expire.  Said  trustee  shall  possess  the 
same  qualifications  as  are  required  for  councilmen.  Said  board  of 
education  shall  continue,  and  it  is  hereby  declared,  a  body-politic 
and  corporate,  under  the  name  and  style  of  board  of  education,  with 
perpetual  succession,  and  by  that  name  may  contract  and  be  con- 
tracted with,  sue  and  be  sued,  have  and  use  a  corporate  seal,  the 
same  to  renew  or  alter  at  pleasure;  may  purchase,  receive,  hold, 
lease,  sell  and  dispose  of  real  and  personal  estate  for  public  school 
purposes.  The  control  and  management  of  the  public  schools  of  the 
city,  and  the  property  and  funds  thereunto  belonging,  shall  be,  and 
Is  hereby,  vested  in  said  board,  subject  to  the  provisions  of  this  law. 
It  shall  have  power  to  make  by-laws  and  rules,  not  in  conflict  here- 
with, necessary  for  the  discharge  of  its  duties  and  the  government  of 
its  proceedings.  It  shall  meet  once  in  each  month,  or  oftener  if 
necessary,  and  a  majority  elect  of  said  board  shall  constitute  a 
quorum  for  the  transaction  of  business  and  for  the  appropriation  of 
money  or  the  execution  of  a  contract,  the  concurrence  of  two-thirds  of 
the  members  elect  of  said  boards  shall  be  -indispensable,  and  the 
yeas  and  nays  shall  be  entered  of  record.  The  meetings  of  said 
board  shall  be  held  in  some  public  place,  and  a  correct  record  of  its 
proceedings  shall  be  kept  in  a  book  provided  for  that  purpose,  which 
shall  be  a  public  record. 

§  356. — Members — Qualification — Vacancies— Said  board  of  edu- 
cation shall  determine  the  qualification  of  its  members.  It  shall  have 
the  power  to  fill  until  the  next  general  election  all  vacancies  in  said 
board  occasioned  by  death,  removal  or  other  cause. 


124  SCHOOL  LAWS  OF  KENTUCKY. 

§  357. — Funds — Vested  in  Board  of  Education — All  property  now 
used  for  public  school  purposes  in  the  city,  or  which  may  at  any 
time  be  owned  by  the  board  of  education,  and  all  the  funds  or  means 
that  are  now  or  may  hereafter  come  under  the  control  of  the  same, 
are  hereby  forever  dedicated  to  the  use  of  public  schools  of  the  city, 
and  the  title  to  all  property,  real  and  personal,  in  the  city  known  and 
used  as  public  school  property,  is  hereby  vested  in  said  corpora- 
tion. 

§  358. — Appointment  of  Officers  and  Teachers — Power  to  Build  , and 
Purchase  Site— Said  board  of  education  shall  have  power  to  elect  or 
appoint  such  officers  as  may  be  necessary  for  its  own  government, 
and  to  require  covenant  with  surety  from  any  or  all  officers  for  the 
faithful  discharge  of  their  duties;  to  make  by-laws  not  in  conflict 
with  this  charter,  the  Constitution  or  laws  of  this  State,  for  the 
carrying  out  of  the  duties  of  their  office,  and  for  the  government  of 
its  own  officers,  schools,  teachers,  pupils  and  employes;  to  determine 
its  own  rules  of  proceedings,  and  to  appoint  superintendents,  teach- 
ers and  other  officers,  and  employes,  and  regulate  and  fix  their  terms, 
duties  and  compensation,  and  suspend  or  remove  them  or  any  of 
them  for  cause.  Said  board  may  purchase,  build  or  rent  any  ground, 
building  or  buildings,  necessary  or  convenient  for  the  public  school 
purposes,  and  may  make  contract  to  that  end;  and  any  property  so 
leased,  purchaser  or  otherwise  occupied,  may  be  reserved  by  terms, 
deed  or  lease  to  the  public  schools  of  the  city,  and  if  so  reserved, 
shall  not  be  liable  for  any  debt  or  debts  of  the  city  not  incurred  for 
public  school  purposes.  Said  board  may  also  receive  and  hold,  for 
public  school  purposes,  any  gift  or  devise. 

§  359. — That  said  board  of  education  shall  have  the  power,  two- 
thirds  of  the  trustees  in  office  concurring  therein,  to  be  evidenced 
upon  the  call  of  the  yeas  and  nays,  and  recorded  upon  the  journal 
of  its  proceedings,  to  sell  and  convey  such  of  said  school  property 
for  the  purpose  of  reinvesting  all  the  net  proceeds  of  the  same  in 
the  purchase  of  other  lots,  and  buildings  thereon,  other  school 
buildings.  And  said  board  of  education  shall  have  no  power  to  divert 
or  apply  said  fund,  or  any  part  of  it,  to  any  other  purpose  whatsoever 
than  for  the  purchase  of  grounds  and  the  building  thereon  school 
buildings  for  public  school  purposes,  and  if  it  do  so,  the  same  shall 
be  malfeasance  in  office. 

§  360. — Text  Books — Adoption — Issue  of  Certificates — Said  board 
of  education  shall  have  the  power  to  select  text  books  for  use  in 
said  school,  and  prescribe  the  course  of  study,  and  it  shall  also  have 
power  to  hold  examinations,  determine  the  qualifications  of  its  super- 
intendent, principals,  teachers,  and  issue  certificates  to  same.  It  may 
establish  high  schools  and  fix  the  grade  of  public  schools,  and  pre- 
scribe the  rules  by  which  pupils  may  pass  from  one  grade  to  another, 
and  from  the  graded  school  to  the  high  school.  It  may  also  establish 


SCHOOL  LAWS  OF  KENTUCKY.  125 

and  maintain  kindergartens  and  manual  training  schools  in  connec- 
tion with  the  public  schools. 

§  361.— Reports— Said  board  shall  at  the  end  of  each  scholastic 
year  prepare  and  cause^  to  be  published  a  printed  statement  show- 
ing the  number  of  pupils  in  each  school,  with  the  general  condition 
and  educational  progress  made  therein,  the  amount,  character  and 
condition  of  all  funds  and  other  property  belonging  to  said  schools, 
together  with  such  information  as  may  be  proper  or  necessary  for 
the  benefit  of  said  schools  and  the  general  public. 

§  362. — Estimate  of  Expense — Levy  and  Collection  of  Taxes — 
Said  board  shall,  within  thirty  days  prior  to  the  time  prescribed  for 
the  levy  to  be  made  in  the  charter  of  cities  of  the  third  class,  ap- 
proximately ascertain  the  amount  of  money  necessary  to  be  used  to 
defray  the  expenses  of  maintaining  the  schools,  improving  or  con- 
structing buildings,  etc.,  thereof,  and  any  liquidation  of  the  liabilities 
during  the  current  fiscal  year,  and  report  the  same,  together  with 
the  estimated  amount  to  be  received  from  the  common  school  fund 
of  the  State,  interest  on  bonds,  endowments,  etc.,  to  the  city  auditor 
or  clerk,  who  shall  thereupon  report  the  same  to  the  general  council, 
and  said  general  council  shall  make  the  necessary  levy  and  collect 
the  tax  to  provide  suitable  school  buildings,  and  to  defray  the  gen- 
eral expenses  necessary  for  school  purposes:  Provided,  That  the  levy 
for  any  one  year  shall  not  exceed  fifty  cents  on  each  one  hundred 
dollars  of  value  of  taxable  property  in  the  city  as  returned  by  the 
board  of  equalization.  Said  tax  shall  be  paid  to  the  board  or  author- 
ized agent  of  same  as  fast  as  collected. 

§  363. — Separate  *  Schools  for  White  and  Colored  Pupils — Said 
board  of  education  shall  provide  and  maintain,  out  of  the  funds  levied 
or  otherwise  provided  for  the  purpose,  suitable  buildings,  teachers, 
and  other  employes,  sufficient  for  the  education  of  all  children  of  the 
city  between  six  and  twenty  years  of  age,  and  shall  provide  separate 
buildings  and  schools  for  the  education  of  white  and  black  pupils; 
and  no  white  child  shall  be  allowed  to  attend  any  colored  school,  nor 
any  colored  child  shall  be  allowed  to  attend  any  white  school. 

§  364. — Oath  of  Trustee — (The  trustees  shall,  before  entering  upon 
the  duties. of  their  office,  take  the  oath,  or  make  affirmation,  as  pre- 
scribed by  law. 

§  365. — Trustee— Qualification— No  member  of  the  board  of  edu- 
cation shall  be  or  become,  directly  or  indirectly,  interested  in  any 
contract,  agreement  or  trade,  touching  the  building  of  school  houses, 
repairing  of  school  property,  selection  of  text  books  or  other  thing, 
or  use  his  official  position  to  secure  the  patronage  of  the  teachers  or 
employes  of  the  schools.  No  member  of  the  board  of  education  shall 
receive  any  salary  for  his  services  as1  such. 

§  366. — Treasurer — Power— Duties— Said  board  of  education  shall 
elect  its  own  treasurer  and  fix  bond  of  same,  who  shall  keep  a  dis- 
tinct account  of  all  moneys  belonging  unto,  or  which  may  hereafter 


126  SCHOOL  ;LAWS  OF  KENTUCKY. 

be  dedicated  to,  or  set  apart  for,  public  schools,  and  shall  only  pay 
out  or  deliver  any  of  said  funds,  upon  the  warrant  of  the  board  of 
education,  countersigned  by  the  secretary,  and  approved  by  the  presi- 
dent of  the  board  of  education,  and  shall  perform  such  other  duties 
as  may  be  prescribed  by  said  board. 

§  367. — Power  over  Funds — Said  board  of  education  shall  have 
exclusive  control  of  all  school  funds  of  the  city,  from  whatever  source 
the  same  may  be  derived,  including  the  pro  rata  of  the  city  from  the 
common  school  fund  of  the  State.  It  shall  have  the  right  to  receive 
all  fines,  forfeitures  and  taxes  that  may  inure  to  the  benefit  of  the 
public  schools  of  the  city.  It  shall  have  power  to  expend  all  moneys 
in  the  interest  of  public  schools  of  the  city,  and  the  warrants  of  the 
board  of  education,  countersigned  by  the  secretary  and  approved  by 
the  president  of  the  board,  shall  be  honored  by  the  treasurer  to  the 
amount  of  the  school  funds  in  his  custody. 

§  368. — Indebtedness — All  indebtedness,  bonded  or  otherwise,  and 
all  liabilities  and  contracts  of  the  school  board,  existing  at  the  time 
this  law  takes  effect,  and  all  taxes,  funds,  sinking  funds,  or  other 
resources  that  have  been  pledged  or  set  apart  for  the  payment  of  the 
principal  and  interest  thereof,  shall  continue  unimpaired  and  remain 
of  the  same  force  and  effect  as  though  the  same  had  been  authorized 
and  contracted  by  the  express  provision  of  this  law. 

§  369. — Funds — Paid  on  Order  of  Board — No  money  shall  be 
drawn  from  the  funds,  unless  the  same  shall  have  been  appropriated 
by  order  of  the  board  of  education,  and  no  appropriation  of  money 
shall  be  made  to  be  paid  out  of  said  school  funds,  unless  the  money 
shall  actually  be  in  the  treasury  to  meet  the  draft. 

§  370.— President  of  Board— Said  board  of  education  shall  elect 
from  its  own  number  a  president,  for  the  term  of  two  years,  and  may 
prescribe  who  shall  preside  in  his  absence,  and  make  all  necessary 
rules,  prescribing  the  duties  of  the  presiding  officer  and  the  govern- 
ment of  itself;  and  said  board  shall  also  elect  a  secretary,  at  a  salary 
to  be  fixed  by  the  board,  whose  duty  it  shall  be  to  keep  a  record  of 
the  proceedings  of  all  regular  and  special  meetings,  countersign  all 
warrants  and  contracts,  and  whose  term  of  office  shall  be  two  years. 

§  371.— Library— Right  to  Establish— Said  board  of  education  shall 
have  the  power  and  right  to  establish  and  maintain  a  public  school 
library,  out  of  any  funds  coming  into  its  hands,  except  that  received 
by  taxation,  or  from  the  State  funds,  and  also  to  purchase  text  books 
for  indigent  children  of  the  city,  and  to  otherwise  expend  such 
moneys  in  the  interest  of  the  public  schools.  Said  board  of  education 
shall  have  the  power  and  right  to  make  rules  and  regulations  gov- 
erning said  school  library. 

§  372. — Non-Resident  Pupils — Said  board  shall  have  power  to 
admit  to  said  school  pupils  from  beyond  the  limits  of  the  city,  and 
may  collect  therefrom  tuition  fees  for  the  benefit  of  the  schools  of 
the  city,  making  deduction  of  taxes  for  school  purposes  on  property 


SCHOOL  LAWS  OP  KENTUCKY.  12? 

in  said  city  paid  by  parents  of  said  children;  and  no  children  of  per- 
sons residing  beyond  said  limits  shall  be  admitted  as  pupils  of  any 
of  said  schools  except  on  payment  of  such  tuition  fees  as  said  board 
may  require. 

§  373. — No  section  of  this  chapter  shall  be  so  construed  as  to  re- 
peal in  any  wise  any  special  act  or  amendment  thereto  heretofore 
passed  for  any  city  of  the  third  class  for  the  establishment,  main- 
taining and  carrying  on  a  high  school. 

§  374.— For  the  reason  that  cities  of  the  third  class,  in  the  opera- 
tion of  their  government,  need  at  once  some  of  the  provisions  of  this 
act,  and  owing  to  the  manner  of  elections,  an  emergency  is  declared 
to  exist,  and  this  act  shall  take  effect  from  its  approval  by  the  Gov- 
ernor. (Act  approved  June  14,  1893.) 


CHAPTER    XXI. 
PUBLIC  SCHOOLS  IN  CITIES  OF  THE  FOURTH   CLASS. 

§  375.— Board      of      Education —  Powers — Duties —  Qualification — 

There  may  be  maintained  a  system  of  public  schools,  at  which  all 
the  children  residing  in  the  city  between  the  ages  of  six  and  twenty 
years  may  be  taught  at  the  public  expense.  Said  school  shall  be 
under  the  control  of  a  board,  to  be  styled  "The  Board  of  Educa- 
tion," consisting  of  two  trustees  from  each  ward  in  the  city,  to  be 
elected  at  the  general  November  election  in  the  year  one  thousand 
eight  hundred  and  ninety-three,  by  the  qualified  voters  of  the  city 
at  large.  They  shall  meet  and  qualify  on  the  first  Monday  in  Jan- 
uary after  their  election.  The  trustees  so  elected  shall  hold  their 
offices  one-half  for  two  years,  and  one-half  for  four  years,  as  shall 
be  determined  by  lot,  at  the  first  regular  meeting  after  the  election; 
every  two  years  thereafter,  there  shall  be  elected  by  the  qualified 
voters  of  the  city  at  large,  one  trustee  from  each  ward  in  the  city  in 
which  the  term  of  his  predecessor  in  office  will  then  expire.  Said 
trustees  shall  possess  the  same  qualifications  as  are  required  for  a 
councilman.  Said  board  of  education  shall  continue,  and  it  is  hereby 
declared,  a  body  politic  corporate,  under  the  name  and  style  of 
board  of  education,  with  perpetual  succession,  and  by  that  name  may 
contract  and  be  contracted  with;  sue  and  be  sued;  have  and  use  a 
corporate  seal,  the  same  to  renew  or  alter  at  pleasure;  may  pur- 
chase, receive,  hold,  lease,  sell  and  dispose  of  real  and  personal 
estate  for  public  school  purposes.  The  control  and  management  of 
the  public  schools  of  the  city,  and  the  property  and  funds  hereunto 
belonging,  shall  be,  and  is  hereby,  vested  in  said  board,  subject  to 
the  provisions  of  this  law.  It  shall  have  power  to  make  by-laws  and 
rules  not  in  conflict  herewith,  necessary  for  the  discharge  of  its 


128  SCHOOL  LAWS  OF  KENTUCKY. 

duties  and  the  government  of  its  procedings.  It  shall  meet  once  in 
each  month,  or  oftener  if  necessary,  and  a  majority-elect  of  said  board 
shall  constitute  a  quorum  for  the  transaction  of  business,  and  for 
the  appropriation  of  money  or  the  execution  of  a  contract,  the  con- 
currence of  two-thirds  of  the  members-elect  of  said  board  shall  be  in- 
dispensable, and  the  yeas  and  nays  shall  bo  entered  of  record.  The 
meetings  of  said  board  shall  be  held  in  some  public  place,  and  a 
correct  record  of  its  proceedings  shall  be  kept  in  a  book  provided  for 
that  purpose,  which  shall  be  a  public  record. 

§  376.— Said  board  of  education  shall  determine  the  qualification 
of  its  members.  It  shall  have  the  power  to  fill,  until  the  next  general 
election,  all  vacancies  in  said  board  occasioned  by  death,  removal  or 
other  cause. 

§  377. — Funds — How  Vested — All  property  now  used  for  public 
school  purposes  in  the  city,  or  which  may  at  any  time  be  owned  by 
the  board  of  education,  and  all  the  funds  or  means  that  are  now  or 
may  hereafter  come  under  the  control  of  the  same,  are  hereby  for- 
ever dedicated  to  the  use  of  public  schools  of  the  city,  arid  the  title 
to  all  property,  real  and  personal,  in  the  city,  known  and  used  as 
public  school  property,  is  hereby  vested  in  said  corporation. 

§  378.— Election  of  Officers — Teachers— Said  board  of  education 
shall  have  power  to  elect  or  appoint  such  officers  as  may  be  neces- 
sary for  its  own  government,  and  to  require  covenant  with  surety 
from  any  or  all  officers  for  the  faithful  discharge  of  their  duties;  to 
make  by-laws  not  in  conflict  with  this  chapter,  the  Constitution  or 
laws  of  this  State,  for  the  carrying  out  the  duties  of  their  office, 
and  for  the  government  of  its  own  officers,  schools,  teachers,  pupils 
and  employes;  to  determine  its  own  rules  of  proceedings,  and  to 
appoint  superintendents,  teachers  and  other  officers  and  employes, 
and  regulate  and  fix  their  terms,  duties  and  compensation,  and  sus- 
pend or  remove  them,  or  any  of  them,  for  cause.  Said  board,  by  and 
with  the  concurrence  of  the  city  council,  may  purchase,  build  or 
rent  any  ground,  building  or  buildings,  necessary  or  convenient  for 
the  public  school  purposes,  and  may  make  contract  to  that  end;  and 
any  property  so  leased,  purchased  or  otherwise  occupied,  may  be 
reserved  by  terms,  deed  or  lease  to  the  public  schools  of  the  city 
and  if  so  reserved  shall  not  be  liable  for  any  debt  or  debts  of  the 
city  not  incurred  for  public  school  purposes.  Said  board  may  also 
receive  and  hold,  for  public  school  purposes,  any  gift  or  devise. 

§  379. — Property — Power  to  Sell — That  said  board  of  education 
shall  have  the  power  two-thirds  of  the  trustees  in  office  concurring 
therein,  to  be  evidenced  upon  the  call  of  the  yeas  and  nays,  and 
recorded  upon  the  journal  of  its  proceedings,  by  and  with  the  con- 
currence of  the  city  council,  to  sell  and  convey  such  of  said  school 
property  for  the  purpose  of  reinvesting  all  the  net  proceeds  of  the 
same  in  the  purchase  of  other  lots  and  building  thereon  other  school 
buildings.  And  said  board  of  education  shall  have  no  power  to  divert 


SCHOOL  LAWS  OF  KENTUCKY.  129 

or  apply  said  fund  or  any  part  of  it  to  any  other  purpose  whatsoever 
than  for  the  purchase  of  grounds  and  the  building  thereon  schools 
buildings  for  public  school  purposes  and  if  it  do  so  the  same  shall 
be  malfeasance  in  office. 

§  380. — Text  Books — Adoption — Issue  Certificates— Said  board  of 
education  shall  have  the  power  to  select  text  books  for  use  in  said 
schools,  and  prescribe  the  course  of  study,  and  it  shall. also  have 
power  to  hold  examinations,  determine  the  qualifications  of  its  super- 
intendent, principals,  teachers,  and  issue  certificates  of  same.  It  may 
establish  high  schools  and  fix  the  grade  of  public  schools,  and  pre- 
scribe the  rules  by  which  pupils  may  pass  from  one  grade  to  another, 
and  from  the  graded  school  to  the  high  school.  It  may  also,  establish 
and  maintain  kindergartens  and  manual  training  schools  in  connection 
with  the  public  school. 

§  381. — Reports — Said  board  shall,  at  the  end  of  each  scholastic 
year,  prepare,  and  cause  to  be  published,  a  printed  statement  showing 
the  number  of  pupils  in  'each  school,  with  the  general  and  educational 
progress  made  therein,  the  amount,  character  and  condition  of  all 
funds  and  other  property  belonging  to  said  schools,  together  with 
such  information  as  may  be  proper  or  necessary  for  the  benefit  of 
said  schools  and  the  general  public. 

§  382. — Estimate  of  Expenses — Levy  and  Collection  of  Taxes — 
Said  board  shall,  within  thirty  days  prior  to  the  time  prescribed  for 
the  levy  to  be  made  in  the  charter  of  cities  of  the  fourth  class,  ap- 
proximately ascertain  the  amount  of  money  necessary  to  be  used  to 
defray  the  expenses  of  maintaining  the  schools,  improving  or  con- 
structing buildings,  et  cetera,  thereof  and  any  liquidation  of  the 
liabilities  during  the  current  fiscal  year,  and  report  the  same,  to- 
gether with  the  estimated  amount  to  be  received  from  the  common 
school  fund  of  the  State,  interest  on  bonds,  endowments,  et  cetera, 
to  the  city  auditor  or  clerk,  who  shall  thereupon  report  the  same 
to  the  city  council,  and  the  said  city  council  shall  make  the  neces- 
sary levy,  and  collect  the  tax  to  provide  suitable  school  buildings, 
and  to  defray  the  general  expenses  necessary  for  school  purposes: 
Provided,  That  the  levy  for  any  one  year  shall  not  exceed  fifty 
cents  on  each  one  hundred  dollars  of  value  of  taxable  property  in 
the  city  as  returned  by  the  board  of  equalization.  Said  tax  shall  be 
paid  to  the  board  or  authorized  agent  of  same  as  fast  as  collected. 

§  383.  —Separate  Schools  for  White  and  Colored  Pupils— Said 
board  of  education  shall  provide  and  maintain,  out  of  the  funds 
levied  or  otherwise  provided  for  the  purpose,  suitable  buildings,  teach- 
ers, and  other  employes,  sufficient  for  the  education  of  all  children  of 
the  city  between  six  and  twenty  years  of  age,  and  shall  provide 
separate  buildings  and  schools  for  the  education  of  white  and  black 
pupils;  and  no  white  child  shall  be  allowed  to  attend  any  colored 
school,  nor  shall  any  colored  child  be  allowed  to  attend  any  white 
school. 


S.  L.  5. 


130  SCHOOL  .LAWS  OF  KENTUCKY. 

§  3g4. — oath  of  Trustee — The  trustees  shall,  before  entering  upon 
the  duties  of  their  office,  take  oath,  or  make  affirmation,  as  prescrib- 
ed by  law. 

§  385. — No  member  of  the  board  of  education  shall  be  or  become, 
directly  or  indirectly,  interested  in  any  contract,  agreement  or  trade, 
touching  the  building  of  schoolhouses,  repairing  of  school  property, 
or  use  his  official  position  to  secure  the  patronage  of  the  teachers 
or  employes  of  the  schools.  No  member  of  the  board  of  education 
shall  receive  any  salary  for  his  services  as  such. 

§  386. — Treasurer — Power— Duties— Said  board  of  education  shall 
elect  its  own  treasurer  and  fix  bond  of  same,  who  shall  keep  a  dis- 
tinct account  of  all  moneys  belonging  unto,  or  which  may  hereafter 
be  dedicated  to,  or  set  apart  for,  public  schools,  and  shall  only  pay 
out  or  deliver  any  of  said  funds  upon  the  warrant  of  the  board  of 
education,  countersigned  by  the  secretary,  and  approved  by  the 
president  of  the  board  of  education,  and  shall  perform  such  other 
duties  as  may  be  prescribed  by  said  board. 

387. — Funds — Said  board  of  education  shall  have  exclusive  con- 
trol of  all  school  funds  of  the  city,  from  whatever  source  the  same 
may  be  derived,  including  the  pro  rata  of  the  city  from  the  common 
school  fund  of  the  State.  It  shall  have  the  right  to  receive  all  fines, 
forfeitures  and  taxes  that  may  inure  to  the  benefit  of  the  public 
schools  of  the  city.  It  shall  have  power  to  expend  all  moneys  in  the 
interest  of  the  public  schools  of  the  city,  and  the  warrants  of  the 
board  of  education,  countersigned  by  the  secretary  and  approved  by 
the  president  of  the  board,  shall  be  honored  by  the  treasurer  to  the 
amount  of  the  school  funds  in  his  custody. 

§  388. — Indebtedness — All  indebtedness,  bonded  or  otherwise,  and 
all  liabilities  and  contracts  of  the  school  board,  existing  at  the  tima 
this  law  takes  effect,  and  all  taxes,  funds,  sinking  funds  or  other  re 
sources  that  have  been  pledged  or  set  apart  for  the  payment  of  the 
principal  and  interest  thereof,  shall  continue  unimpaired,  and  remain 
of  the  same  force  and  effect  as  though  the  same  had  been  authorized 
and  contracted  by  the  express  provisions  of  this  law. 

§  389. — Appropriation  of  Money — No  money  shall  be  drawn  from 
the  funds,  unless  same  shall  have  been  appropriated  by  order  of  the 
board  of  education,  and  no  appropriation  of  money  shall  be  made  to 
be  paid  out  of  said  school  funds,  unless  the  money  shall  actually  be 
in  the  treasury  to  meet  the  draft. 

§  390. — President — How  Elected— Salary — Said  board  of  education 
shall  elect  from  its  own  number  a  president,  for  the  term  of  two 
years,  and  may  prescribe  who  shall  preside  in  his  absence,  and  make 
all  necesary  rules,  prescribing  the  duties  of  the  presiding  officer  and 
the  government  of  itself;  and  said  board  shall  also  elect  a  secretary, 
at  a  salary  not  exceeding  one  hundred  dollars  per  annum,  whose  du:y 
it  shall  be  to  keep  a  record  of  the  proceedings  of  regular  and  special 


•SCHOOL  LAWS  OF  KENTUCKY.  131 

meetings,  countersign  all  warrants  and  contracts,  and  whose  tern 
of  office  shall  be  two  years. 

§  391.— Library— Right  to  Establish— Said  board  of  education  shall 
have  the  power  and  right  to  establish  and  maintain  a  public  school 
library,  out  of  any  funds  coming  into  its  hands,  except  that  received 
by  taxation,  or  from  the  State  funds,  and  also  to  purchase  text 
books  for  indigent  children  of  the  city,  and  to  otherwise  expend  such 
moneys  in  the  interest  of  public  schools.  Said  board  of  education 
shall  have  the  power  and  right  to  make  rules  and  regulations  govern- 
ing said  school  library. 

§  392 — ^Non-resident  Pupils — Said  board  shall  have  the  power  to 
admit  to  said  school  pupils  from  beyond  the  limits  of  the  city,  and 
may  collect  therefrom  tuition  fees  for  the  benefit  of  the  schools  of 
the  city,  making  deduction  of  taxes  for  school  purposes  on  property 
in  said  city  paid  by  parents  of  said  children;  and  no  children  of 
persons  residing  beyond  said  limits  shall  be  admitted  as  pupils  in 
any  of  said  schools  except  on  payment  of  such  tuition  fees  as  said 
board  may  require. 

§  393. — Any  city  of  the  fourth  class  in  which  said  system  of  public 
schools  shall  be  established  and  maintained,  shall  constitute  one  com- 
mon school  district,  and  the  Superintendent  of  Public  Instruction 
shall  pay  every  year,  out  of  the  common  school  fund  of  the  State  to 
the  white  board  of  education,  the  same  amount  per  capita,  for  each 
white  child  of  pupil  age  in  said  district,  and  to  the  colored  board  of 
education  the  same  amount  per  capita,  for  each  colored  child  of  pupil 
age  in  said  district,  as  he  shall  pay  to  each  child  of  pupil  age  in 
other  school  districts  in  the  State.  Whenever  the  board  of  council 
of  any  city  of  this  class  shall  determine,  by  ordinance,  to  establish 
and  maintain  a  system  of  public  schools  therein,  under  the  pro- 
visions of  the  act  mentioned  in  the  title  of  this  act,  or  in  case  'there 
was  a  failure  at  the  last  election  provided  for  in  said  act  to  elect  a 
board  of  education  in  any  city  of  the  fourth  class,  the  board  of  coun- 
cil shall  have  the  power  and  authority  to  appoint  trustees  for  such 
school  to  serve  until  the  election  and  qualification  of  trustees  as  pro- 
vided in  section  307,  as  amended  herein.  (Act  approved  June  28, 
1903).  (Note— An  Act  published  below  amends  certain  sections  of  the 
foregoing.  Approved  March  18,  1904.) 

§  394— Power  of  Fourth  Class  Cities  to  Establish  Schools— White 
and  Colored  Schools — That  any  city  of  the  fourth  class  having  hereto- 
fore organized  a  system  of  free  graded  schools  for  the  education  of 
the  white  and  colored  pupils  of  said  city  under  and  by  virtue  of  the 
charter  for  cities  of  the  fourth  class,  and  managed  and  controlled  by 
a  Board  of  Education,  may,  by  ordinance  passed  by  its  general  coun- 
cil separate  said  system  of  graded  free  schools  into  a  graded  free 
white  common  school  for  the  white  pupils  of  said  city,  and  into  a 
graded  free  colored  common  school  for  the  colored  pupils  of  said 
city.  When  said  system  of  schools  has  been  so  changed  and  separat- 


132  SCHOOL  ;LAWS  OF  KENTUCKY. 

ed  as  hereinbefore  provided,  each  system  shall  be  governed  and  con- 
trolled by  a  board  of  six  trustees  elected  or  appointed,  as  now  pro- 
vided by  general  law  for  the  government  of  graded  free  white  and 
colored  schools.  Each  of  said  systems  of  graded  free  white  and  color- 
ed schools  shall  be  supported  and  maintained  by  its  pro  rata  share 
of  the  State  School  Fund,  which  shall  be  paid  by  the  State  Superin- 
tendent of  Public  Instruction  direct  to  said  trustees  or  their  treas- 
urer and  by  such  local  taxation  as  may  be  or  now  is  provided  by  law. 
No  tax  raised  from  the  property  or  poll  of  any  white  person  or  cor- 
poration in  said  city  shall  be  used  for  the  support  of  said  graded  free 
colored  common  schools  of  said  city,  nor  shall  any  tax  raised  from  the 
property  or  poll  of  any  colored  person  be  used  for  the  support  of  said 
graded  free  white  common  school  of  said  city.  Said  city  shall  fix  by 
ordinance  the  maximum  amount  of  tax  that  shall  be  levied  in  any  one 
year  on  the  one  hundred  dollars  worth  of  property  owned  by  the 
white  citizens  and  corporations  of  said  city  and  the  maximum  poll 
tax  that  shall  be  levied  upon  each  white  male  citizen  over  the  age  of 
twenty-one  years,  residing  in  said  city,  for  white  school  purposes  not 
to  exceed  the  amount  fixed  by  law,  and  likewise  the  maximum  amount 
that  shall  be  levied  upon  the  one  hundred  dollars  worth  of  property 
owned  by  each  colored  person  in  said  city,  and  the  maximum  poll  tax 
that  shall  be  levied  upon  each  colored  male  citizen  over  the  age  of 
twenty-one  years,  residing  in  said  city,  for  colored  school  purposes 
not  to  exceed  the  amount  fixed  by  law  and  when  said  amounts  have 
been  fixed  the  respective  boards  of  trustees  of  said  schools  shall 
not  levy  and  collect  a  greater  amount.  After  said  systems  of  graded 
free  white  and  colored  common  schools  have  been  established  as 
hereinbefore  provided  for,  the  same  shall  be  maintained,  managed 
and  controlled  as  provided  for  by  general  law  for  such  schools.  The  city 
council  shall  appoint  a  board  of  trustees  for  each  of  said  systems  of 
graded  free  white  and  colored  schools  who  shall  act  as  trustees  for 
said  schools  until  the  next  succeeding  regular  eleciton,  when  their 
successors  shall  be  elected.  When  said  system  of  graded  free  com- 
mon schools  herein  provided  for  shall  have  been  established,  the 
board  of  education  of  said  city  shall  convey  all  the  free  school  prop- 
erty in  said  city  used  by  the  white  pupils  to  the  board  of  trustees  for 
the  graded  free  white  common  schools,  and  all  the  free  school  prop- 
erty in  said  city  used  by  the  colored  pupils,  to  the  board  of  trustees 
for  the  graded  free  colored  common  school.  If  the  city  council  shall 
pass1  an  ordinance  as  hereinbefore  provided  for,  separating  the  white 
and  colored  schools,  either  the  white  persons  or  the  colored 'persons 
living  in  said  district  may  hold  an  election  as  provided  by  the  laws 
governing  school  elections  in  said  district  for  the  purpose  of  abolish- 
ing the  white  or  colored  graded  common  school  system  therein  exist- 
ing, the  white  persons  only  to  vote  with  reference  to  the  white  grad- 
ed common  schools,  and  the  colored  persons  only  to  vote  with  refer- 
ence to  the  colored  graded  common  schools;  and  if  such  election  shall 


SCHOOL.  LAWS  OF  KENTUCKY.  133 

be  held  and  the  majority  of  the  votes  cast  at  same  shall  be  in  favor 
of  abolishing  the  white  or  colored  graded  common  school  system  in 
said  district,  the  same  shall  be  abolished.  All  laws  in  conflict  herewith 
are  hereby  repealed.  (Approved  March  21,  1904.) 


I  ,   ,        . 

I 
CHAPTER   XXII. 

THE  STATE   UNIVERSITY. 

§  395. — Board  of  Trustees — That  the  government,  administration 
and  control  of  the  Agricultural  and  Mechanical  College  of  Kentucky 
be  and  is  hereby  vested  in  a  board  of  trustees,  constituted  and  ap- 
pointed as  follows: 

§  396. — .Governor  Ex  Officio  Chairman — His  Excellency,  the  Gover- 
nor of  Kentucky,  who  shall  be  ex  officio  chairman  thereof. 

§  397. — Trustees — Manner  of  Appointment — Fifteen  men,  discreet, 
intelligent  and  prudent,  who  shall  be  nominated  by  the  Governor  of 
Kentucky,  and  by  and  with  the  advice  and  consent  of  the  Senate. 
They  shall  hold  office  for  six  years,  five  retiring  and  five  being  ap- 
pointed at  each  regular  session  of  the  General  Assembly.  Said  nomi- 
nations shall  be  made  within  fifteen  days  after  the  Legislature  con- 
venes. Said  trustees  shall  be  appointed  and  distributed  as  follows, 
namely:  One  from  each  Congressional  district  outside  of  the  Con- 
gressional district  in  which  Lexington  is  situated,  and  the  remainder 
from  the  latter  district;  but  no  more  than  three  trustees  shall  be  ap- 
pointed from  the  county  of  Fayette:  Provided,  That  no  trustee  now 
serving  under  an  appointment  previously  made  shall  be  displaced 
by  the  operation  of  this  act  before  the  term  of  service  shall  have  ex- 
pired. 

§  398. — The  president  of  the  college  shall  be  ex  officio  a  member 
of  the  board  of  trustees. 

§  399. — Trustees — Powers  and  Duties— Selection  of  President  and 
Professors — The  board  of  trustees,  when  appointed  and  qualified, 
shall  be  a  body  corporate,  under  the  corporate  name  of  the  Agri- 
cultural and  Mechanical  College  of  Kentucky,  and  as  a  corporation 
shall  have  power  to  sue  and  be  sued,  Implead  and  be  impleaded,  con- 
tract and  be  contracted  with,  and  possess  all  the  immunities,  rights, 
privileges  and  franchises  usually  attaching  to  the  governing  bodies 
of  educational  institutions.  They  shall  have  power  to  receive,  hold 
and  administer,  on  behalf  of  the  institution  whose  government,  ad- 
ministration and  control  is  committed  to  them,  all  revenues  accru- 
ing from  all  existing  or  future  endowments,  appropriations  or  be- 
quest, by  whomsoever  made,  subject  to  the  conditions  attaching 
thereto;  to  receive,  administer  and  apply,  for  and  on  behalf  of  said 
college,  all  moneys,  devises,  stocks,  bonds,  buildings,  museums,  lands, 


134  SCHOOL,  [LAWS  OF  KENTUCKY. 

apparatus,  and  so  forth,  and  so  forth,  under  the  conditions  attaching 
thereto.  Said  trustees  shall  have  power  to  determine,  from  time  to 
time,  the  number  of  departments  of  study  or  investigation  which 
the  college  shall  comprise  within  the  scope  of  the  organic  act  of  Con- 
gress, or  acts  supplementary  thereto,  donating  land  script  for  the  en- 
dowment of  agricultural  and  mechanical  colleges;  the  relation  which 
each  department  or  group  of  departments  shall  sustain  to  each  other 
and  to  the  whole;  to  devise,  allot  and  arrange  the  distribution  of  de- 
partments or  groups  of  departments  with  the  designation  appro- 
priate to  each,  and  to  devise  the  means  required  for  their  effective 
instruction,  administration  and  government.  They  shall  have,  also, 
power  to  appoint  presidents,  professors,  assistants',  tutors  and  other 
officers,  and  to  determine  the  salaries,  duties  and  official  relations  of 
each;  and  shall  provide  for  a  definite  salary  in  money  attached  to  all 
positions  created  and  filled  by  the  board  of  trustees;  and  there  shall 
be  no  additions  thereto  in  the  form  of  fees,  perquisites  or  emolu- 
ments of  any  kind  whatever.  They  shall  have  full  power  to  suspend 
or  remove  at  will  any  of  the  officers,  teachers,  professors  or  agents 
whom  they  are  authorized  by  law  to  appoint,  and  to  do  all  other  acts 
which  may  be  needful  for  the  welfare  of  the  institution. 

§  400. — Degrees— Said  board  of  trustees  shall  have  power  to  grant 
degrees  to  the  alumni  of  the  institution;  to  prescribe  conditions  upon 
which  post-graduate  honors  shall  be  obtained  by  its'  alumni  and 
others,  and  to  confer  such  honorary  degrees,  upon  the  recommenda- 
tion of  the  faculty  of  the  institution,  as  they  may  think  proper. 

§  401. — A  majority  of  the  whole  board  shall  constitute  a  quorum 
for  the  transaction  of  business. 

§  402. — In  the  appointment  of  presidents,  professors  or  instruc- 
tors, "no  preference  shall  be  shown  to  any  religious  denomination. 

§  403. — Trustees  to  Meet  in  Lexington — Power  to  Appoint  Secre- 
tary and  Treasurer — The  Executive  Committee — The  board  of  trus- 
tees shall  meet  in  Lexington  twice  each  year  in  the  president's  room 
in  the  college,  namely,  upon  the  Tuesday  preceding  the  annual  com- 
mencement, and  upon  the  second  Tuesday  in  December.  In  the  ab- 
sence of  the  Governor  the  board  shall  have  the  power  to  appoint  a 
chairman  pro  tern.  They  shall  elect  annually  a  secretary,  who  shall 
keep  a  record  of  their  proceedings,  and  a  treasurer,  who  shall  receive 
and  disburse  the  funds,  and  a  business  agent,  who  shall  make  all  pur- 
chases for  all  departments  of  the  college  and  attend  to  all  the  busi- 
ness under  the  direction  of  the  board.  Said  secretary  and  treasurer 
and  business  agent  shall  receive  for  their  services  a  fair  compensa- 
tion; but  the  treasurer  elected  under  the  provisions  of  this  act  shall 
not  be  a  member  of  the  board  of  trustees  or  of  the  faculty  of  the 
college,  or  otherwise  an  employe  of  the  college  or  of  any  of  the  de- 
partments thereof.  They  shall,  at  each  regular  meeting,  appoint  an 
executive  committee,  consisting  of  five  of  their  number,  residing  in 
or  near  Lexington,  including  a  chairman  thereof,  three  of  whom 


SCHOOL  LAWS  OF  KENTUCKY.  135 

shall  constitute  a  quorum;  and  said  committee  shall  choose  from 
their  number  a  chairman  pro  tempore,  to  act  in  the  absence  of  the 
permanent  chairman.  The  executive  committee  shall  be  charged  with 
the  genera]  administration  of  the  affairs  of  the  college  under  such  by- 
laws and  regulations  as  shall  be  prescribed  by  the  board  of  trustees, 
and  with  the  execution  of  measures  specially  authorized  by  the 
Board.  It  shall,  at  each  regular  meeting  of  the  trustees,  and  at  each 
called  meeting  if  required,  submit  to  the  board  a  complete  record  of 
its  proceedings  for  the  consideration  and  approval  of  the  board  of 
trustees;  Provided,  That  the  authority  of  the  board  of  trustees  to  re- 
vise the  acts  of  the  executive  committee  shall  not  extend  to  the  re- 
jection of  any  valid  or  authenticated  account  of  money  expended 
under  a  general  or  specific  authority  granted  by  the  board  of  trustees, 
and  within  the  sums  appropriated  by  the  board  for  specific  or  contin- 
gent objects  at  regular  or  called  meetings.  The  secretary  of  :he  board 
of  trustees  shall  also  be  secretary  of  the  executive  committee  und 
the  custodian  of  the  records,  and  so  forth,  of  the  board  and  of  said 
committee. 

§  404. — Treasurer — That  the  treasurer  of  said  college  shall  enter 
into  covenant  with  the  Commonwealth  of  Kentucky,  with  one  or  more 
good  sureties  bound  therein,  to  be  approved  by  the  board  of  trustees, 
conditioned  for  the  faithful  performance  of  his  duties,  and  the  pay- 
ment of  all  moneys  that  shall  come  to  his  hands  to  his  successors  in 
office,  or  to  such  person  or  persons  as  may  be  lawfully  entitled  to  re- 
ceive the  same.  Any  person  or  persons,  including  the  board  of  trus- 
tees, injured  by  any  breach  of  this  bond,  may  maintain  in  the  Fay- 
ette  Circuit  Court  appropriate  action  thereon.  The  said  treasurer 
shall  keep  an  itemized  account  of  receipts  and  expenditures,  and 
shall  pay  out  no  money  except  on  authorization  of  the  board  of  trus- 
tees, given  directly  or  through  its  executive  committee.  He  shall 
render  to  the  executive  committee  monthly  statements  of  receipts  and 
expenditures,  and  amount  on  hand,  and  a  full  detailed  statement,  with 
vouchers,  for  the  information  and  action  of  the  board  of  trustees  at 
its  regular  annual  meeting,  and  at  other  periods  when  required. 

§  405. — Vacancies  in  Board  of  Trustees — In  the  case  of  the  death, 
resignation  or  refusal  to  serve  of  any  of  the  trustees  appointed  as 
members  of  the  board  on  behalf  of  the  State,  the  remaining  trustees 
shall,  at  their  first  meeting  thereafter,  have  power  to  fill  all  vacan- 
cies occasioned  by  such  death,  resignation  or  refusal  to  serve;  and 
the  person  or  persons  so  appointed  shall  hold  their  offices  as  trus- 
tees during  the  natural  or  unexpired  terms  of  the  person  or  persons 
for  whom  they  are  substituted  and  appointed.  Any  trustee  who  snail 
fail  to  attend  two  consecutive  meetings  without  proper  notification  to, 
the  secretary  of  the  reason  therefor,  shall  hereby  vacate  his  onlce  of 
trustee,  and  the  board  shall  fill  the  vacancy  as  hereinbefore  pro- 
vided for. 


136  SCHOOL  LAWS  OF  KENTUCKY. 

.     p   =r-  i!  '  7;    r 

§  406. — All  necessary  expenses  incurred  by  the  trustees  in  going 
to,  returning  from,  or  while  attending  the  meetings  of  the  board, 
shall  be  met  and  discharged  out  of  the  funds  of  the  institution. 

§  407. — Meetings  of  Board  of  Trustees — That  in  addition  to  the 
regular  meetings,  called  meetings  of  the  board  of  trustees  may  also 
be  held.  The  call  for  such  meetings  must  be  in  writing,  signed  by 
three  or  more  trustees.  The  call  must  also  be  formally  communicat- 
ed by  the  secretary  to  each  trustee  by  mail,  at  his  post-office  address, 
at  least  fifteen  days  before  the  day  fixed  for  the  meeting, 
and  must  state  definitely  the  object  of  the  meeting;  and  no  business 
not  thus  explicitly  announced  shall  be  acted  on  at  the  called  meet- 
Ing. 

§  408.— Collegiate  Period— That  the  regular  collegiate  period  of 
the  Agricultural  and  Mechanical  College  shall  be  four  years,  and 
only  those  students  who  pass  through  that  period  and  attain  the  pre- 
scribed standard  of  proficiency  in  the  regular  course  of  studies,  or 
those  who,  having  qualified  themselves  elsewhere,  shall  be  found, 
after  at  least  one  year's  attendance  in  the  college,  to  have  attained 
the  prescribed  standard  of  proficiency  in  the  regular  course  of  stud- 
ies, shall  receive  a  diploma  from  the  college. 

§  409. — Trustees  to  Govern  College — That  the  board  of  trustees  be, 
and  hereby  are,  empowered  to  establish  proper  regulations  for  gov- 
ernment of  the  college  and  physical  training,  military  or  otherwise, 
of  the  students,  and  to  authorize  the  suspension  and  dismissal  of  stu- 
dents for  neglect  or  violation  of  the  regulations,  and  for  other  con- 
duct prejudicial  to  the  character  and  welfare  of  the  institution. 

§  410. — Trustees  to  Report  to  General  Assembly — That  the  board 
of  trustees  shall  make  to  the  General  Assembly,  within  the  first 
month  of  each  regular  session,  a  full  report  of  the  condition  and 
operation  of  the  college  since  the  date  of  the  preceding  report,  with 
such  recommendations  concerning  the  college  as  may  be  deemed  nec- 
essary. 

§  411. — Appointment  of  Students— In  addition  to  the  foregoing, 
teachers  or  persons  preparing  to  teach  may  be  admitted  at  the  rate 
of  not  more  than  four  from  each  county,  upon  the  same  conditions, 
receive  the  same  benefits,  and  have  the  same  privileges  in  said 
college  as  prescribed  in  the  preceding  section.  These  appointments 
shall  be  vested  in  the  county  superintendents.  Said  appointments 
may  be  made  and  certified  to  the  president  of  the  college  at  any 
time  between  the  first  day  of  July  and  the  thirty-first  day  of  De- 
cember of  each  year. 

§  412. — Circular  of  Information  to  County  Superintendents — The 
president  shall,  on  or  before  the  first  day  of  July  of  each  year,  have 
printed  and  mailed  to  each  county  superintendent  of  common  schools 
of  this  State  at  least  as  many  circulars  of  information  relative  to 
said  college  as  there  are  common  school  districts  in  said  respective 
counties.  Said  circulars  shall  set  forth  in  full  the  benefits  of,  meth- 


SCHOOL  LAWiS  OF  KENTUCKY.  137 

ods  of  admission  into,  and  the  probable  cost  to  beneficiaries  of  said 
college.  The  county  superintendents  of  common  schools  shall  have 
at  least  one  of  said  circulars  posted  in  the  schoolhouse  of  each  com- 
mon school  district  in  their  respective  counties  during  the  term  of 
the  free  school  thereof. 

§  413. — All  acts  and  parts'  of  acts  in  conflict  with  this  act  are 
hereby  repealed. 

§  414. — That,  as  the  difference  in  the  cost  of  travel  from  differ- 
ent parts  of  the  State  practically  operates  as  a  difference  in  advant- 
ages offered  to  different  parts  of  the  State,  an  emergency  is  declared 
to  exist,  and  this  act  shall  be  in  full  force  and  effect  from  and  after 
its  approval  by  the  Governor.  (Approved  May  9,  1893.) 

§  415. — $60,000  Appropriated  to  Agricultural  and  Mechanical  Col- 
lege— That  the  sum  of  sixty  thousand  dollars,  or  so  much  as  may  be 
necessary  therefor,  be  and  the  same  is  hereby  appropriated  for  the 
purchase  of  ground  and  the  erection  thereon  of  a  suitable  building  as 
a  dormitory  for  young  women  students  of  the  Agricultural  and  Me- 
chanical College  of  Kentucky,  and  the  equipment  and  furnishing 
thereof,  which  dormitory  shall  be  capable  of  lodging  and  boarding 
comfortably  one  hundred  and  twenty-five  persons;  also,  for  the  pur- 
pose of  erecting  and  equipping  a  suitable  building  for  military  in- 
struction, physical  culture  and  rooms  for  Young  Men's  Christian  As- 
sociation; also,  for  the  erection  and  equipment  of  a  suitable  building 
for  the  use  of  the  normal  department  and  for  the  use  of  the  academy; 
also,  for  the  erection  and  equipment  of  a  dormitory  for  young  men 
students  of  said  college;  also,  for  the  purpose  of  erecting  and  furnish- 
ing an  annex  for  the  use  of  the  engineering  departments  of  said  col- 
lege. 

§  416.— $30,000  for  Women's  Dormitory— Thirty  thousand  dollars 
of  the  sum  appropriated  under  section  415  of  this  act  is  hereby  set 
apart  for  the  purchase  of  ground  and  erection  of  a  dormitory  for 
young  women  and  for  the  equipment  and  furnishing  of  the  same. 
iS'aid  building  shall  contain  the  necessary  bed  rooms,  water  closets, 
bath  rooms,  kitchen,  store  rooms,  hall  for  physical  culture  with 
the  necessary  conveniences  which  should  appertain  thereto.  Said 
women's  dormitory  shall  not  be  situated  on  any  part  of  the  ground 
known  as  the  College  Campus.  The  title  to  said  property  shall  be 
vested  in  the  board  of  trustees  of  the  Agricultural  and  Mechanical 
College  of  Kentucky. 

§  417. — The  residue  of  the  appropriation  made  by  this  act  shall 
be  used  by  the  board  of  trustees'  of  said  college  in  erecting,  equip- 
ping, and  furnishing  the  other  buildings'  set  forth  in  section  415 
of  this  act,  and  if  the  residue  of  the  appropriation  be  not  sufficient 
therefor,  then  it  shall  be  expended  in  erecting  and  furnishing  such 
of  said  other  buildings  as  the  board  of  trustees  may  think  most 
necessary  until  said  appropriation  be  exhausted. 

§  418.— Women  to  Control  Women's  Dormitory— The  board  ol 
trustees  shall  appoint  three  prudent,  discreet,  intelligent  women; 


138  SCHOOL,  -LAWS  OF  KENTUCKY. 

members  in  good  standing  of  one  of  the  religious  organizations  rec- 
ognized by  the  laws  of  the  United  States,  who  shall  constitute  a 
board  of  supervision  or  control  to  manage  and  superintend,  under 
the  direction  of  the  board  of  trustees,  the  dormitory  for  young 
women.  The  term  of  service  shall  be  for  six  years;  but  the  first  ap- 
pointments shall  be,  one  for  two  years,  one  for  four  years  and  one 
for  six  years  respectively,  and  thereafter,  upon  the  expiration  of 
their  terms  of  service,  one  shall  be  appointed  at  the  close  of  each 
biennial  period  to  fill  the  vacancy.  Provided,  however,  That  the 
board  of  trustees  shall  have  power  at  any  time  to  remove  any  mem- 
ber of  the  board  of  control  for  reasons  which  they  may  deem  suffi- 
cient and  to  fill  the  unexpired  term  by  an  interim  appointment. 
Said  board  of  supervision  shall  meet  at  convenient  intervals  for  the 
transaction  of  business.  They  shall  keep  a  record  of  their  proceed- 
ings and  submit  the  same  to  the  board  of  trustees  at  their  regular 
meetings.  Their  receipts  and  expenditures  shall  be  embodied  in 
semi-annual  reports  to  the  board.  They  shall,  when  the  dormitory 
is  ready  for  the  reception  of  students,  submit  to  the  board  of  trus- 
tees for  their  approval  or  to  the  executive  committee,  if  the  board  of 
trustees'  be  not  in  session,  a  body  of  regulations  in  relation  to  their 
administration  of  the  business  of  the  dormitory,  and  in  relation  to 
the  conduct  and  discipline  of  its  occupants.  The  members  of  the 
board  of  supervision  or  control  shall  receive  no  salary;  but  the  neces- 
sary expenses,  incurred  in  the  discharge  of  their  duties,  shall  be  paid 
out  of  the  funds  set  apart  for  the  administration  of  the  women's  'dor- 
mitory. 

§  419. — $2,000  Appropriated  for  Expenses  of  Women's  Dormitory — 
The  sum  of  two  thousand  dollars  annually  is  hereby  appropriated  to 
defray  the  running  expenses  of  said  women's  dormitory,  including 
fuel,  lights,  servant's  hire,  janitor,  cooks,  and  the  necessary  ex- 
penses of  the  board  of  supervision  or  control  as  hereinbefore  set 
forth. 

§  420. — Board  in  Dormitory — The  rates  of  board  charged  young 
women  shall  be  determined  by  the  cost  of  provisions  and  their  prepa- 
ration and  service,  with  no  margin  or  profit.  A  small  monthly  fee 
may,  however,  be  added  to  cover  the  wear  and  tear  of  kitchen,  din- 
ing room,  and  bed  room  furniture. 

§  421. — The  duties  of  the  board  of  supervision  or  control  shall  be 
concerned  exclusively  with  the  management  of  the  women's  dor- 
mitory and  shall  in  no  wise  relate  to  the  college  privileges,  duties 
and  relations:  of  the  young  women  nor  to  the  requirements  of  the  fac- 
ulty regarding  their  work  or  the  discipline  and  control  of  the  faculty 
over  them  as  students. 

§  422. — The  president  of  the  college  shall,  as  the  representative 
of  the  board  of  trustees,  have  the  same  general  authority  in  regard 
to  the  women's  dormitory  wh.iph  he  is  expected  and  required  to  ex- 
ercise over  the  interests  all  find  sinsujar  of  the  college,  and  any  oc- 


SCHOOL  LAWS  OF  KENTUCKY.  139 

cupant  of  said  dormitory  who  may  feel  aggrieved  by  the  act  of  the 
board  of  control  or  the  subordinate  appointees  shall  have  the  privi- 
lege of  appeal  to  the  president  of  the  college,  whose  decision  shall 
be  final  until  the  next  meeting  of  the  executive  committee. 

§  423.— Students  Appointed  Have  Preference  in  Dormitory 

Women  students  attending  said  college  as  beneficiaries  and  ap- 
pointees of  counties  or  legislative  districts  shall  have  preference  for 
accommodations  in  said  women's  dormitory,  and  if  the  accommoda- 
tions of  said  dormitory  are  not  sufficient  for  all  such  appointees 
then  the  proper  authorities  of  said  college  shall  decide,  in  some  way 
fair  and  equitable,  who  shall  be  entitled  to  said  accommodations, 
all  counties  being  given  equal  representation  as  nearly  as  possible. 
If  any  rooms  in  said  dormitory  remain  after  all  such  appointees  are 
accommodated  other  female  students  may  be  allowed  the  use 
thereof,  each  county  being  given  equal  representation  as  nearly  as 
possible.  All  rooms  shall  be  assigned  by  lot  three  days  after  the 
session  opens.  Like  rules  and  preferences  shall  be  observed  in 
regard  to  dormitory  accommodations  provided  for  men  students  at 
said  college.  All  rooms  shall  be  assigned  by  lot  three  days  after 
the  session  opens. 

§  424.— Architect— Contract  to  Lowest  Bidder — The  board  of  .trus- 
tees of  said  college  shall  appoint  a  competent  architect  or  architects 
to  prepare,  under  their  direction,  plans  and  specifications  for  the 
buildings  aforesaid  and  shall  contract  with  responsible  parties  for 
the  erection  and  equipment  of  the  same.  All  contracts  under  this 
act  for  material  and  labor,  or  for  the  erection  of  any  and  all  build- 
ings and  improvements  and  for  the  equipment  of  the  same  for  the 
purpose  mentioned  in  this  act  shall  be  let  to  the  lowest  and  best 
bidder,  after  the  same  is  duly  advertised  'by  notice  for  ten  successive 
days  in  the  daily  newspapers  in  the  city  of  Lexington,  Kentucky,  hav- 
ing the  largest  circulation,  or  for  four  consecutive  weeks  in  the 
weekly  paper  of  said  city  having  the  largest  circulation,  in  the  judg- 
ment of  the  board  of  trustees;  the  successful  bidder  in  each  case  en- 
tering into  bond  to  the  Commonwealth  of  Kentucky  for  the  benefit 
of  said  A.  &  M.  College  of  Kentucky,  in  a  sum  not  less  than  fifteen 
per  cent,  of  the  contract  sum  or  price  for  the  completion  of  the  work 
in  the  manner  and  within  the  time  set  out  in  the  contract  or  con- 
tracts, and  manner  and  time  shall  be  fully  and  in  detail  set  out  in 
said  contract.  The  money  hereby  appropriated  shall  be  paid  to  the 
treasurer  of  the  said  college  from  time  to  time  as  the  purchasing  of 
land,  erection  of  buildings  and  furnishing  of  same,  as  contemplated 
in  this  act,  may  require;  and  it  shall  be  the  duty  of  the  auditor  of 
public  acounts  to  draw  his  warrant  or  warrants  upon  the  treasurer 
of  the  State  in  favor  of  the  treasurer  of  said  college  for  such  an 
amount  as  the  said  treasurer  of  said  college  may  certify  to  him,  from 
time  to  time,  is  necessary  and  needed  in  carrying  out  the  provisions 
of  this  act. 


140  SCHOOL  LAWS  OF  KENTUCKY. 

§  425. — Trustees  Must  Report  to  General  Assembly — Said  board  ol 
trustees  shall  submit  to  the  next  regular  session  of  the  General  As- 
sembly an  itemized  account  and  statement  of  the  expenditures  made 
for  the  purposes  herein  named,  which  account  and  statement  shall 
be  properly  certified  and  audited;  and  if  any  of  the  funds  hereby  ap- 
propriated remain  unexpended  after  the  additions  and  improvements 
to  said  college  herein  authorized  have  been  made,  the  same  shall  be 
returned  to  the  State  Treasurer  by  the  said  board  of  trustees.  The 
annual  appropriation  made  by  this  act  for  the  benefit  of  the  women's 
dormitory  shall  be  paid  to  the  treasurer  of  said  college  upon  warrant 
of  the  auditor  to  be  used  for  the  purposes  specified. 

§  426. — Emergency — Whereas,  it  is  necessary  that  the  work  on 
the  buildings  and  improvements  authorized  by  this  act  shall  begin 
as  soon  as  possible  in  order  that  said  buildings  and  improvements 
may  be  completed  and  ready  for  use  at  the  beginning  of  the  next 
regular  collegiate  year  of  said  college  in  September  next,  an  emer- 
gency is  hereby  declared  to  exist  and  this  act  shall  take  effect  and 
be  in  full  force  from  and  after  its  approval  by  the  Governor.  (Ap- 
proved March  21,  1900.) 

§  427. — $30,000  Appropriated  fop  Young  Women's  Dormitory — 
That  a  supplementary  appropriation  of  thirty  thousand  dollars  be 
made  to  enable  the  trustees  of  the  Agricultural  and  Mechanical  Col- 
lege of  Kentucky  to  build,  complete  and  equip  a  dormitory  or  college 
home  for  young  women  of  such  dimensions  and  equipment  as  will 
accommodate  one  hundred  and  twenty-five  persons,  and  meet  the 
other  requirements  of  the  General  Assembly. 

§  428. — Money  Paid  on  Warrant  of  the  Auditor — The  money 
hereby  appropriated  shall  be  paid  to  the  treasurer  of  the  said  col- 
lege from  time  to  time  as  the  erection,  furnishing  and  equipment  of 
the  building  may  require;  and  it  shall  be  the  duty  of  the  Auditor 
of  Public  Acounts  to  draw  his  warrant  or  warrants  upon  the  treasurer 
of  the  State  in  favor  of  the  treasurer  of  said  college  for  such  an 
amount  as  the  treasurer  of  said  college  may  certify  to  him  from  time 
to  time  to  be  necessary  and  needed  in  carrying  out  the  provisions  of 
this  act. 

§  429.— Emergency — Whereas,  It  is  necessary  that  the  work  on  the 
building  and  purchase  of  equipments  authorized  by  this  act  shall  be- 
gin as  soon  as  possible,  in  order  that  the  said  building  may  be  com- 
pleted and  the  equipment  purchased  and  ready  for  use  at  the 
beginning  of  the  next  collegiate  year  in  September,  one  thousand 
nine  hundred  and  two,  an  emergency  is  hereby  declared  to  exist,  and 
this  act  shall  take  effect  and  be  in  full  force  from  and  after  its  ap- 
proval by  the  Governor.  Wliereas,  section  fourteen  of  an  act  to  pro- 
vide for  the  efficient  management  and  administration  of  the  Agri- 
cultural and  Mechanical  College  of  Kentucky,  approved  May  ninth, 
one  thousand  eight  hundred  and  ninety-three,  makes  liberal  provisions 
for  the  free  tuition,  free  room  rent,  free  fuel  and  lights  and  traveling 
expenses  of  beneficiaries  appointed  from  the  several  counties  of  this 


SCHOOL  LAWS  OF  KENTUCKY.  141 

|       ;i.      ^*;*i<*f 

Commonwealth  as  students  in  said  college,  thereby  virtually  bringing 
the  college  into  every  county  thereof;  and,  whereas,  said  beneficiaries 
are  to  be  appointed  by  the  superintendent  of  their  respective  coun- 
ties on  competitive  examinations  at  a  time  and  place  'designated  by 
the  superintendent;  and,  whereas,  it  is  the  duty  of  the  superintend- 
ents to  place  in  every  school  house  in  his  county  circulars  provided 
and  furnished  to  him  by  said  college,  setting  forth  the  benefits 
thereof,  and  method  of  admission  into  the  same  and,  whereas,  by  neg- 
lect in  distributing  said  circulars  of  information,  and  failure  to  desig- 
nate the  time  and  place  for  holding  competitive  examination,  many 
of  the  counties  of  the  State  are  inadequately  represented  in  said 
college,  to  the  detriment  and  material  loss  of  said  counties,  therefore, 

§  430. — Duty  of  County  to  Post  Circulars — Each  failure  or  neglect 
on  the  part  of  the  superintendent  of  schools  in  any  county  in  Ken- 
tucky to  place  in  such  schoolhouse  in  his  county  before  the  fifteenth 
of  May,  of  each  year,  a  copy  of  the  circulars  aforesaid,  transmitted 
by  the  president  of  said  college  for  the  purpose  aforesaid,  shall  be 
deemed  a  neglect  of  duty;  and  for  each  offense  an  action  may  be 
maintained  against  such  superintendent  by  the  trustees  of  each 
school  within  the  county  where  circulars  have  not  been  placed  ac- 
cording to  the  law,  and  upon  conviction,  thereof  he  shall  be  subject 
to  a  penalty  of  not  less  than  twenty-five  nor  more  than  fifty  dollars. 
Said  action  may  be  maintained  in  the  courts  of  justice  of  the  peace 
having  jurisdiction  in  the  school  district  or  in  the  county  court,  and  a 
like  penalty  shall  be  incurred  by  the  superintendent  for  the  neglect 
of  duty  in  appointing  a  time  and  place  for  competitive  examination 
for  the  selection  of  beneficiaries  in  his  county  according  to  the  pro- 
visions set  forth  in  section  fourteen  of  the  aforesaid  act,  approved 
May  ninth,  one  thousand  eight  hundred  and  ninety-three.  By  reason 
of  many  counties  being  'deprived  of  the  benefits  of  this  college,  be- 
cause of  the  fact  that  county  school  superintendents  in  some  counties 
having  failed  to  make  known  the  provisions  of  the  law,  an  emergency 
is  declared  to  exist,  and  this  act  shall  take  effect  from  its  approval 
by  the  Governor.  (Approved  March  21,  1902.) 

§  431.— $15,000  Appropriated  Annually  to  A.  &  M.  College— That 
fifteen  thousand  dollars  be,  and  the  same  is  hereby,  appropriated  for 
the  current  fiscal  year  and  for  each  snceeding  year,  in  order  to  liqui- 
date the  existing  indebtedness  of  the  Agricultural  and  Mechanical 
College  and  to  provide  additional  income  for  meeting  the  annual  ex- 
penditures of  the  said  Agricultural  and  Mechanical  College  of  Ken- 
tucky, and  the  same  is  directed  to  be  paid  annually  by  the  treasurer 
of  the  State  to  the  treasurer  of  the  Agricultural  and  Mechanical  Col- 
lege, upon  warrant  issued  by  the  Auditor  of  Public  Accounts,  who  is 
hereby  'directed  to  draw  and  issue  said  warrant  for  the  purpose 
aforesaid.  (Acts  of  1904.) 

§  432. — Diplomas — A  diploma  from  the  A.  &  M.  College  of  Ken- 
tucky, conferring  the  degree  of  Bachelor  of  Pedagogy,  shall  be  suf- 
ficient evidence  of  qualification  to  teach  in  the  public  schools  of 


142  SCHOOL  LAW'S  OF  KENTUCKY. 

Kentucky  during  the  lifetime  of  the  person  upon  whom  such  degree 
has  been  conferred,  unless  he  or  she  shall  cease  to  teach  for  five 
consecutive  years.  And  no  other  certificate  or  license  shall  .he  re- 
quired of  him  by  any  board  authorized  by  law  to  employ  teachers  for 
any  of  the  public  schools  of  Kentucky.  (Acts  of  1906.) 

§  433. — That  the  assent  of  the  Legislature  of  this  Commonwealth, 
ibe,  and  is  hereby,  given  to  the  provisions  of  the  act,  entitled  4An 
act  to  provide  for  an  increased  annual  appropriation  for  Agricultural 
Experiment  Stations,  and  regulating  the  expenditures  thereof."  That 
the  Governor  of  this  Commonwealth  send  a  certified  copy  thereof  to 
the  Secretary  of  the  Treasury  of  the  United  States.  Whereas,  the  ap- 
propriation will  cease  upon  the  adjournment  of  the  Legislature  unless 
this  act  be  then  in  effect,  an  emergency  is  hereby  declared  to  exist 
and  this  act  shall  take  effect  and  become  a  law  from  and  after  its 
passage  and  approval.  (Approved  March  11,  1908.) 

§  434. — Two  Hundred  Thousand  Dollars  Appropriated  to  State 
University — Additional  Grounds  May  be  Purchased — Architect  may  be 
Employed — Advertisement— Bond  by  Successful  Bidder — Money— How 
to  be  Paid — Statement  to  be  Submitted  to  General  Assembly — That 
the  sum  of  two  hundred  thousand  dollars,  or  as  much  as  may  be  neces- 
sary thereof,  be  and  the  same  is  hereby  appropriated  for  the  bene- 
fit of  the  State  University,  Lexington,  Kentucky,  for  the  purpose  of 
paying  the  outstanding  indebtedness  heretofore  incurred  for  the  erec- 
tion of  necessary  buildings  and  equipment  of  same  on  the  grounds 
owned  by  the  said  institution,  and  for  the  erection  and  equipment  of 
a  suitable  building  for  the  department  of  mining  engineering,  civil  en- 
gineering and  physics;  also  for  the  erection  and  equipment  of  a  nec- 
sary  addition  to  the  chemical  building;  also  for  the  erection  and  equip- 
ment of  a  necessary  addition  to  the  mechanical  and  electrical  engi- 
neering building;  also  for  the  erection  and  equipment  of  a  new  dormi- 
tory for  the  accommodation  of  the  male  students  of  said  institution. 
All  of  said  buildings  shall  be  erected  upon  the  grounds  owned  by  said 
institution,  or  upon  such  ground  as  may  be  acquired  by  purchase 
by  the  board  of  trustees  of  said  institution.  If,  in  the  judgment  of  the 
said  board  of  trustees,  the  purchase  of  additional  grounds  may  be 
necessary  for  the  accommodation  of  the  new  buildings  herein  contem- 
plated, or  for  the  proper  conducting  of  said  institution,  they  may 
make  such  necessary  purchase  and  pay  for  same  out  of  the  money 
herein  appropriated.  The  title  to  such  real  estate  shall  be  made  and 
held  by  the  Commonwealth  of  Kentucky  for  the  use  and  benefit  of 
said  institution.  The  said  board  of  trustees  is  vested  with  a  sound 
discretion  as  to  the  order  of  construction  and  as  to  the  location  of 
the  improvements  herein  set  forth,  or  in  giving  preference  to  such 
other  improvements  as  will  best  promote  the  interests  of  the  institu- 
tion, provided  that  the  total  expenditure  shall  not  exceed  the  amount 
herein  appropriated.  The  said  board  of  trustees  shall  appoint  a  com- 
petent architect  or  architects  to  prepare,  under  their  directions,  plans 


SCHOOL  LAWS  OF  KENTUCKY.  143 

and  specifications  for  the  buildings  aforesaid,  and  shall  contract  with 
responsible  parties  for  the  erection  and  equipment  of  same.  All  con- 
tracts under  this  act  for  material  and  labor,  or  for  the  erection  of  any 
and  all  buildings  and  improvements,  and  for  the  equipment  of  the 
same  for  the  purposes  mentioned  in  this  act,  shall  be  let  to  the  low- 
est and  best  bidder,  after  the  same  is  duly  advertised  by  notice  for 
ten  consecutive  days  in  a  daily  newspaper  published  in  the  city  of 
Lexington,  Kentucky,  having  the  largest  circulation,  or  for  four  con- 
secutive weeks  in  the  weekly  paper  published  in  said  city  which,  in 
the  judgment  of  the  said  board  of  trustees,  has  the  largest  circula- 
tion. The  successful  bidder  or  bidders  in  each  case  shall  enter  into 
bond  to  the  Commonwealth  of  Kentucky  for  the  benefit  of  said  uni- 
versity in  a  sum  not  less  than  twenty-five  per  cent,  of  the  contract 
sum  or  price  for  the  completion  of  the  work  in  the  manner  and  within 
the  time  set  out  in  the  contract  or  contracts,  and  manner  and  time 
shall  be  fully  and  in  detail  set  out  in  said  contract.  The  money 
hereby  appropriated  shall  be  paid  to  the  treasurer  of  said  university 
from  time  to  time,  as  the  improvements  contemplated  in  this1  act  may 
require,  and  it  shall  be  the  duty  of  the  Auditor  of  Public  Accounts  to 
draw  his  warrant  or  warrants  upon  the  Treasurer  of  the  State  in 
favor  of  the  treasurer  ,of  said  university  for  an  amount  or  amounts 
as  the  said  treasurer  of  said  university,  countersigned  by  the  presi- 
dent, may  certify  to  him  from  time  to  time,  is  necessary  and  needed 
in  carrying  out  the  provisions  of  this  act:  Provided,  however,  That 
one-third  of  said  appropriation  shall  be  due  and  payable  on  Decem- 
ber 1,  1908,  one-third  thereof  shall  be  due  and  payable  on  July  1, 
1909,  and  one-third  thereof  shall  be  due  and  payable  on  July  1,  1910. 
Said  board  of  trustees  shall  submit  to  the  next  regular  session  of  the 
General  Assembly  an  itemized  account  and  statement  of  the  expendi- 
tures made  for  the  purpose  herein  named1,  which  account  and  state- 
ment shall  be  properly  certified  and  audited,  and  if  any  of  the  funds 
hereby  appropriated  remain  unexpended  after  the  additions  and  im- 
provements to  said  university  herein  authorized  have  been  made,  the 
same  shall  be  returned  to  the  State  Treasurer  by  said  board  of  trus- 
tees. 

§  435. — $20,000  Appropriated  Annually — Normal  Detartment  Elimi- 
nated— Certificates  may  be  Granted — Sub-freshman  Work  Eliminated. 
— That  in  order  to  provide  additional  income  to  meet  the  additional 
annual  expenditures  of  said  Institution  the  additional  sum  of  twenty 
thousand  dollars  ($20,000)  is  hereby  appropriated  for  the  current 
fiscal  year,  and  for  each  succeeding  year  for  the  benefit  of  the  said 
State  University  and  the  same  is  hereby  directed  to  be  paid  by  the 
Treasurer  of  the  State  to  the  Treasurer  of  the  State  University  upon 
a  warrant  or  warrants  issued  by  the  Auditor  of  Public  Accounts,  who 
Is  hereby  directed  to  draw  and  issue  said  warrants  for  the  purpose 
aforesaid.  That  the  normal  department  of  said  university,  as  it  now 
exists,  be  eliminated,  and  there  be  established  Instead  thereof  a  de- 


144  SCHOOL  JAWS  OF  KENTUCKY. 

partment  of  education  in  said  university,  with  collegiate  rank,  leading 
to  the  usual  degree  in  pedagogy  as  maintained  in  other  similar  State 
institutions;  that  degrees  of  bachelor  of  arts  in  education,  and  bach- 
elor of  science  in  education  conferred  in  this  department  shall,  with 
the  approval  of  the  State  Superintendent  of  Public  Instruction,  entitle 
the  holder  thereof  to  the  privilege  of  teaching  in  the  common  schools 
and  high  schools  of  the  Commonwealth  without  further  examination, 
during  life  or  good  behavior.  The  diplomas  granting  degrees  may  be 
revoked  for  cause  by  the  said  board  of  trustees  or  by  the  State  Su- 
perintendent of  Public  Instruction.  The  board  of  trustees  shall  have 
power  and  authority,  subject  to  the  approval  of  the  State  Superin- 
tendent of  Public  Instruction,  to  confer,  under  its1  corporate  seal,  upon 
students  of  said  department,  the  following  certificates:  1st.  An  ele- 
mentary certificate  upon  the  completion  of  one  year's  work,  which 
shall  entitle  the  holder  thereof  to  teach  in  any  public  school  of  this 
State  for  the  period  of  two  years  from  the  date  thereof,  without  fur- 
ther examination.  2nd.  An  intermediate  certificate  upon  the  comple- 
tion of  two  years'  work,  which  shall  entitle  the  holder  thereof  to 
teach  in  any  public  school  of  this  State  for  a  period  of  four  years  from 
the  date  thereof  without  further  examination.  3d.  An  advanced  certi- 
ficate upon  the  completion  of  three  years'  work,  which  shall  entitle 
the  holder  thereof  to  teach  in  any  public  school  of  this  State  for  a 
period  of  three  years  from  date  thereof  without  further  examination, 
and  if,  at  the  end  of  three  years,  a  teacher  holding  an  advanced  certi- 
ficate shall  present  to  the  board  of  trustees  which  granted  t\ie  same, 
satisfactory  evidence  of  successful  teaching  during  said  period,  and  of 
good  moral  character,  then  the  advance  certificate  may  be  extended 
for  life  or  good  behavior  by  said  board,  subject  however,  to  the  ap- 
proval of  the  State  Superintendent  of  Public  Instruction,  and  it  shall 
so  be  endorsed  by  the  said  board,  and  the  holder  thereof  shall  be  en- 
titled to  teach  in  any  public  school  in  this  State  during  good  behavior, 
without  further  examination.  The  official  endorsement  of  the  State 
Superintendent  of  Public  Instruction  shall  be  necessary  to  validate 
any  of  the  said  three  certificates  or  extension  thereof  above  named. 
Any  certificate  may  be  revoked  for  cause  by  said  board  of  trustees  or 
by  the  State  Superintendent  of  Public  Instruction.  That  from  and  after 
awo  years  from  this  date  all  sub-freshman  work  shall  begin  to  be  eli- 
minated as  a  part  of  the  university  curriculum,  and  such  elimination 
shall  progress1  as  rapidly  as  the  educational  conditions  in  Kentucky 
will  justify:  Provided,  however,  special  courses  may  be  given  in  any 
Of  the  departments'  of  the  university,  except  that  no  sub-freshman  nor- 
mal instruction  shall  be  given  after  September  1,  1908,  in  any  depart- 
ment of  the  university  or  academy  connected  therewith.  (Act  approv- 
ed March  16,  1908.) 

§  436. — Title  Changed — That  the  institution  founded  under  the 
land  grant  of  1862,  by  the  Congress  of  the  United  States,  and  known 
hitherto  under  the  corporate  designation  and  title  of  "Agricultural  and 


SCHOOL,  LAWS  OF  KENTUCKY.  145 

Mechanical  College  of  Kentucky,"  be  hereafter  known  and  designated 
as  the  "State  University,  Lexington,  Kentucky." 

§  437. — That  the  said  State  University  be  maintained  by  the  Com- 
monwealth with  such  endowments,  incomes,  buildings  and  equipments 
as  shall  enable  it  to  do  work  such  as  is  done  in  other  institutions  of 
corresponding  rank,  both  under-graduate  and  post-graduate,  and  em- 
bracing work  of  instruction,  as  well  as  in  original  research. 

§  438. — Previous  Acts  Referred  To — That  all  the  acts  of  the  Gen- 
eral Assembly  of  the  Commonwealth  of  Kentucky,  making  provision 
for  the  establishment,  support  and  maintenance  of  the  Agricultural 
and  Mechanical  College  of  Kentucky,  heretofore  enacted,  viz.:  An 
act  appointing  a  commission  for  the  location  of  the  Agricultural  and 
Mechanical  College,  approved  March  13,  1878;  an  act  locating  and 
establishing  the  Agricultural  and  Mechanical  College,  approved  Feb- 
ruary 6,  1880;  an  act  incorporating  the  Agricultural  and  Mechanical 
College,  approved  March  4,  1880;  an  act  amending  the  act  of  incor- 
poration, approved  April  23,  1880;  an  act  of  the  General  Assembly,  ap- 
proved April  29,  1880,  and  section  184  of  the  Constitution  of  Ken- 
tucky, guaranteeing  the  validity  of  the  tax  levied  for  the  benefit  of 
the  Agricultural  and  Mechanical  College  by  said  act,  approved  April 
29,  1880;  an  act  of  incorporation,  amending  the  acts  of  March  4,  1880, 
and  April  23,  1880,  approved  May  9,  1893,  an  act  for  the  maintenance 
of  the  girl's  dormitory/  approved  March  21,  1900,  and  an  act  making 
an  annual  appropriation  for  the  maintenance  and  support  of  the  said 
college,  which  became  a  law  March  26,  1904;  and  that  all  the  acts 
of  the  Congress  of  the  United  States,  creating  and  endowing  colleges 
under  the  land  grant  of  1862,  viz:  The  act  providing  for  the  estab- 
lishing of  the  college  for  the  benefit  of  agricultural  and  mechanical 
arts,  approved  July  2,  1862;  the  act  of  establishing  experiment  sta- 
tions, as  departments  of  agricultural  colleges,  approved  March  2,  1887; 
the  act  for  applying  a  portion  of  the  proceeds  of  the  public  lands  to 
the  more  complete  endowment  of  the  colleges  established  under  the 
act  of  July  2,  1862,  which  passed  the  Senate  June  23,  1890;  the  act 
known  as  the  "Adams  act,"  further  endowing  experiment  stations, 
passed  by  Congress,  March  16, 1906,  an  act  known  as  the  "Nelson  act," 
for  the  further  endowment  of  Agricultural  and  Mechanical  Colleges, 
passed  by  Congress,  March  4,  1907,  shall  not  be  affected  by  this  change 
of  name,  and  the  revenue  accruing  from  these  and  from  all  other 
sources,  State  and  Federal,  shall  continue  to  be  paid  over  by  the  State 
and  Federal  authorities  to  the  Treasurer  of  the  State  University, 
Lexington,  Kentucky,  for  its  use  and  maintenance,  in  accordance  with 
the  provisions  of  said  acts  of  Congress  and  of  the  General  Assembly 
of  Kentucky. 

§  439. — Acts  of  Congress  to  be  Carried  Out — That  the  require- 
ments of  the  law  of  Congress,  approved  July  2,  1862,  for  the  instruc- 
tion in  those  branches  of  learning  relating  to  agriculture  and  the 
mechanic  arts  and  to  military  tactics,  shall  be  carried  out  fully,  and 


146  SCHOOL  LAWS  OF  KENTUCKY. 

that  those  branches  shall  continue  to  be  integral  and  indispensable 
courses  of  instruction  in  the  State  University;  and  that,  in  addition 
to  the  other  colleges  of  said  university,  one  of  the  colleges  shall  be 
denominated  the  Agricultural  College,  and  another  the  College  of 
Mechanical  Arts  of  the  State  University. 

§  440. — Department  of  Law  Established — That  a  department  of 
law,  or  course  of  instruction  in  the  science  of  law  leading  to  the  de- 
gree of  Bachelor  of  Laws,  shall  be  established  in  said  university.  The 
course  prescribed  leading  to  said  degree  shall  be  of  equal  dignity 
and  rank  to  that  of  other  corresponding  institutions. 

§  441. — Department  of  Medicine  and  Surgery  Established— That  a 
Department  of  Medicine  and  Surgery,  or  course  of  instruction  in  the 
science  of  Medicine  and  Surgery,  leading  to  the  usual  degrees 
conferred  in  such  courses,  shall  be  established  in  said  univer- 
sity. The  courses  prescribed  shall  be  of  equal  dignity  and  rank 
to  that  of  other  corresponding  institutions,  and  that  a  diploma, 
issued  from  this  department  shall  be  accepted  throughout  this  State 
on  equal  terms  with  diplomas  issued  from  other  corresponding  insti- 
tutions. 

§  442. — Appointment  of  Beneficiaries — Competitive  Examination — 
Duty  of  County  Superintendents  —  That  so  much  of  the  law 
for  the  benefits  of  said  college  designated  as  section  26,  of 
the  Kentucky  Statutes,  as  applies  to  the  manner  of  mak- 
ing the  appointment  of  beneficiaries  to  said  college  be  stricken  out, 
and  the  following  language  be  inserted  instead  thereof:  "Each  county 
in  the  State,  in  consideration  of  the  incomes  accruing  to  said  insti- 
tution under  the  present  laws,  for  the  benefit  of  the  said  agricultural 
and  mechanical  college,  be  entitled  to  select  and  to  send  to  said  uni- 
versity each  year  one  or  more  properly  prepared  students  as  herein- 
after provided  for,  free  from  all  charges  for  tuition,  matriculation 
fees,  room  rent,  fuel  and  lights,  and  to  have  all  the  advantages  of  the 
said  university  and  dormitory  free,  except  board.  Each  coun- 
ty in  the  State  shall  be  the  unit  of  appointment,  and  each 
county  shall  be  entitled  annualy  to  appoint  to  said  univer- 
sity one  white  pupil  for  every  three  thousand  and  one  for 
each  fraction  thereof  over  fifteen  hundred  of  white  school 
children,  based  upon  the  last  official  census  preceding  said  appoint- 
ment: Provided,  however,  that  each  county  shall  be  entitled  to  at  least 
one  annual  appointment."  So  that  said  section,  when  amended  will 
read  as  follows:  "Each  county  in  the  State,  in  consideration  of  the  in- 
comes accruing  to  said  institution,  under  the  present  laws  for  the 
benefit  of  said  agricultural  and  mechanical  college,  be  entitled  to  se- 
lect and  send  to  said  university  each  year  one  or  more  properly  pre- 
pared students,  as  hereinafter  provided  for,  free  from  all  charges  for 
tuition,  matriculation  fees,  room  rent,  fuel  and  lights,  and  to  have  all 
the  advantages  and  privileges  of  the  said  university,  one  white  pupil 
for  every  three  thousand,  ancl  one  for  each  fraction  thereof  over 


SCHOOL  LAWS  OF  KENTUCKY.  147 

fifteen  hundred  of  white  school  children,  based  upon  the  last  official 
census  preceding  said  appointment:  Provided,  however,  That  every 
county  shall  be  entitled  to  at  least  one  annual  appointment.  Said 
students  shall  be  entitled,  free  of  any  cost  whatever,  to  the  benefits 
enumerated  above  for  the  term  of  years  necessary  to  complete  the 
course  of  study  in  which  he  or  she  matriculates  for  graduation,  or 
during  good  behavior.  All  beneficiaries  of  the  State  who  continue 
students  for  one  consecutive,  collegiate  year,  or  ten  months, 
unless  unavoidably  prevented,  shall  also  be  entitled  to  their 
necessary  traveling  expenses  in  going  to  and  returning  from 
said  college.  The  selection  of  the  beneficiaries  shall  be 
made  by  the  superintendents  of  common  schools  in  their 
respective  counties,  upon  competitive  examination,  on  subjects 
prepared  by  the  faculty  of  the  university  and  transmitted  to 
said  superintendent  before  the  first  day  of  June  of  each  year.  Said 
competitive  examinations  shall  be  open  to  all  persons  between  the 
ages  of  fourteen  and  twenty-four  years.  Preference  shall  be  given, 
other  things  being  equal,  to  those  who  have  passed  with  credit  through 
the  public  school,  persons  of  energy  and  industry,  whose  means  are 
small,  to  aid  whom  in  obtaining  a  good  education  this  provision  is 
intended.  Said  competitive  examination  shall  be  held,  and  the  suc- 
cessful competitor  appointed  between  the  first  day  of  June  and  the 
first  day  of  August  of  each  year.  It  shall  be  the  duty  of  the  county 
superintendent  to  make  known  the  benefits  of  this  provision  to  each 
common  school  district  under  his  superintendency,  with  the  time  and 
place,  when  and  where  such  competitive  examination  shall  be  held. 
He  shall  for  this  purpose,  appoint  a  board  of  examiners,  whose  duty 
it  shall  be  to  conduct  the  examination.  This  shall  not  interfere  with 
any  appointment  already  made  to  said  college." 

§  443. — Free  Tuition  to  Certain  Students — That  the  board  of  trus- 
tees of  said  university  may  within  their  discretion,  concede  the  priv- 
ilege of  free  tuition  to  students  who  are  preparing  for  the  ministry 
in  connection  with  any  white  religious  denomination. 

§  444. — By-partisan  Board  After  January  1,  1910 — That  the  board 
of  trustees  shall,  from  and  after  January  1,  1910,  be  bi-partisan,  and 
the  Governor,  in  making  the  appointments  of  trustees,  shall  so  make 
them  as  to  divide  the  representation  upon  said  board  equally  between 
the  two  leading  political  parties  of  this  Commonwealth,  including  the 
ex-officio  members  that  the  Superintendent  of  Public  Instruction  shall 
be  ex-officio  a  member  of  the  Board  of  Trustees'. 

§  445. — That  the  board  of  trustees  have  authority,  out  of  the 
funds  under  their  control,  to  expend  an  amount  sufficient  to  meet  the 
necessary  expenses  incurred  in  advertising  and  other  necessary 
changes  incident  to  the  change  of  the  style  and  title  of  the  said  insti- 
tution. 

'§  446. — Location  Not  Changed— That  the  location  of  the  institu- 
tion established  by  the  act  locating  the  Agricultural  and  Mechanical 


148  SCttOOL  LAWS  OF  KENTUCKY. 

College  of  Kentucky,  approved  February  6,  1880,  shall  not  be  affected 
by  this  change  of  name. 

§  447. — That  all  acts  passed  by  the  Legislature  of  Kentucky,  and 
all  the  regulations  made  by  the  board  of  trustees  in  pursuance 
thereof,  for  the  government  of  the  agricultural  and  mechanical  col- 
lege, shall  continue  in  effect  and  apply  to  the  government  of  the  State 
University,  Lexington,  Kentucky,  except  to  the  extent  herein  specific- 
ally set  out. 

§  448. — That  all  students  attending  exclusively  the  law  or  medical 
'department  of  the  university  shall  pay  the  usual  tuition  fees. 

§  449. — County  Certificates  May  be  Issued  to  Students — That  stu- 
dents, while  attending  the  State  University,  may  be  examined  for 
county  teachers'  certificates  by  the  board  of  examiners  of  Fayette- 
county,  Kentucky,  and  on  the  dates  provided  in  the  common  school 
law  for  the  examination  of  teachers.  If  such  students  are  of  the  age 
and  character  required  by  law  in  the  case  of  other  candidates  for 
county  certificates,  the  county  superintendent  of  Fayette  county  shall 
admit  them  to  examination  and  shall  collect  from  each  the  legal  fee, 
with  fifty  cents  additional.  At  the  close  of  the  examination  the  county 
superintendent  shall  transmit  by  registered  mail  the  examination  pa- 
pers, together  with  the  examination  fee,  to  the  county  superintendent 
of  the  county  from  which  said  candidate  desires  his  certificate  issue'd. 
The  county  board  of  examiners  shall  canvass  the  papers  sent  to  them 
as  above  provided,  and  shall  issue  county  certificates  upon  them 
upon  the  same  terms  and  conditions  as  in  case  of  candidates  appear- 
ing in  person  for  examination. 

§  450. — Whereas,  the  change  of  name  of  the  Agricultural  and  Me- 
chanical College  to  State  University,  Lexington,  Kentucky,  will  neces- 
sitate immediate  preparations  and  advertisement  in  order  to  begin 
university  work  by  September,  1908,  an  emergency  is  hereby  declared 
to  exist,  and  this  act  shall  take  effect  from  and  after  its  passage  and 
approval.  (Approved  March  16,  1908.) 


Act  of  1912. 

§  451. — Appropriation  of  $50,000  for  State  University— The  addi- 
tional sum  of  fifty  thousand  dollars  is  hereby  appropriated  for  the  cur- 
rent official  year  and  for  each  succeeding  year  for  the  benefit  of  the 
State  University,  Lexington,  Kentucky,  a  necessary  part  o<f  which 
shall  be  used  to  meet  as  far  as  possible  the  pressing  demands  for  ag- 
ricultural instruction  and  instruction  in  domestic  science,  in  the  Ag- 
ricultural College  of  said  University,  and  the  same  is  directed  to  be 
paid  by  treasurer  of  (State  to  the  treasurer  of  said  University,  upon 
warrant  or  warrants  issued  by  the  Auditor  of  Public  Accounts,  who  is 
hereby  directed  to  draw  and  issue  said  warrants  for  the  purpose 
aforesaid. 


SCHOOL  LAWS  OF  KENTUCKY.  149 

§  452.— Obligation  not  to  be  Contracted — Penalty— It  shall  be  il- 
legal for  any  officer,  trustee  or  any  person  in  any  way  connected  with 
the  Eastern  Kentucky  State  Normal  School,  the  Western  Kentucky 
State  Normal  School  or  the  State  University  of  Lexington,  Kentucky, 
to  contract  any  obligation  for  or  on  behalf  of  said  institution,  when 
there  is  no  money,  or  sufficient  money,  in  their  respective  treasuries 
or  has  been  no  money  appropriated  for  the  purpose  for  which  said 
contract  or  obligation  was  made,  and,  that  any  of  the  said  persons 
who  fail  to  comply  with  this  law,  shall  be  fined  in  each  case,  not  less 
than  two  hundred  and  fifty  dollars,  nor  more  than  two  thousand  dol- 
lars, or  confined  not  less  than  ten  days  in  jail  nor  more  than  six 
months,  or  both  so  fined  and  imprisoned. 

Act  of  1912. 

§  453. — Appropriation  of  $50,000  for  Experiment  Station — There  is 
hereby  appropriated  to  the  Agricultural  Experiment  Station  of  the 
State  University,  Lexington,  Kentucky,  for  the  current  fiscal  year  and 
for  each  succeeding  year  thereafter,  fifty  thousand  dollars  for  the 
purpose  of  making  field  experiments  in  the  several  sections'  of  the 
State  in  order  to  ascertain  by  chemical  and  physical  examination  of 
our  soils  and  by  direct  experiments  in  laboratory  and  fields  what 
crops  and  treatment  are  best  suited  to  each,  whether  the  present 
methods  are  tending  to  best  results  and  whether  to  the  preservation 
or  reduction  of  fertility,  and  what  rotation  and  treatment  will  -be 
most  effective  in  retaining  productive  capacities  of  the  soils  of  the 
various  sections  of  the  State,  to  discover  and  'demonstrate  the  best 
methods  of  orchard  treatment,  the  culture  and  marketing  of  fruits  and 
vegetables,  and  the  most  effective  remedies  for  insects  and 
diseases  of  fruit  and  vegetables,  and  to  make  a  systematic 
study  of  plant  breeding  and  development  by  means  of  cross- 
ing and  selection  of  new  and  improved  varieties  of  fruits 
and  vegetables,  to  enable  said  Station  to  conduct  investiga- 
tions calculated  to  develop  the  beef,  pork  and  mutton  pro- 
ducing interests  of  the  State,  and  especially  to  devise  and  conduct 
feeding  experiments  intended  to  demonstrate  the  most  successful  com- 
bination of  stock  foods,  and  to  discover,  if  possible  the  most  economi- 
cal and  successful  methods  of  maintaining  animals  and  fitting  them 
for  the  market,  for  pathological  investigations,  and  to  investigate  live 
stock  conditions  both  at  home  and  abroad,  in  so  far  as  they  affect 
market  values.,  to  enable  said  Station  to  conduct  investigations  for 
the  purpose  of  developing  the  dairy  interests  of  the  State,  and  includ- 
ing feeding  experiments  for  production  of  milk  and  butter,  and  the 
rearing  of  calves,  and  the  study  of  contagious  diseases  for  the  purpose 
of  finding  remedies  therefor,  to  enable  the  said  Station  to  conduct 
investigations  for  the  purpose  of  developing  the  horse  interests  of  the 
State,  including  the  best  methods  of  feeding  and  breeding,  the  study 


150  SCHOOL,  LAWS  OF  KENTUCKY. 

of  diseases,  and  thorough  scientific  investigations  for  the  benefit  of 
the  horse  industry  of  the  State;  ten  thousand  dollars  ($10,000)  for 
the  advancement  of  the  poultry  interests  of  the  State,  including  exper- 
iments in  breeding  for  egg  production  and  methods  best  adapted  for 
hatching  and  raising  of  chicks  and  feeding  experiments  and  other  in- 
vestigations tending  to  the  economical  production  of  poultry  and 
eggs,  for  providing  the  necessary  equipment  and  paying  the  expenses 
of  the  extension  work  of  said  Experiment  Station  in  order  to  bring 
the  scientific  knowledge  already  obtained,  and  that  hereafter  ob- 
tained, in  the  lines  of  agriculture  and  home  economics,  direct  to  the 
farm  and  home,  by  means  of  personal  visitation,  correspondence,  co- 
operative demonstrations  and  experiments  and  the  solution  of  local 
problems  by  Station  experts  visiting  the  locality  and  studying  the 
problems  on  the  farm,  toward  the  maintenance  of  said  Station,  and 
for  the  purpose  of  enlarging  the  hog  cholera  serum  and  serum  plant 
now  at  said  station  and  for  the  production  of  hog  cholera  serum  and 
virus  to  be  furnished  the  farmers  of  this  State  at  partial  cost  of  pro- 
'duction  and  not  to  exceed  one  cent  per  cubic  centimeter  and  to  be 
distributed  through  such  channels  as  the  'Director  of  said  Experiment 
Station  may  deem  advisable  for  the  protection  of  the  swine  interests 
of  the  State. 

§  454.— Payment  to  be  Made  Quarterly—The  sums  appropriated 
under  this  act  are  to  be  payable  quarterly  to  the  treasurer  of  said 
Experiment  Station  out  of  moneys  in  the  treasury  of  the  Common- 
wealth of  Kentucky,  and  the  Auditor  for  the  payment  of  same  is  di- 
rected to  'draw  his  warrant  upon  the  treasurer  as  in  all  other  claims 
against  the  Commonwealth.  The  Board  of  Control  of  said  Experiment 
Station  shall  furnish  to  the  Auditor  of  Public  Accounts,  yearly,  an 
itemized  statement  of  the  money  expended  under  this  act. 

Emergency  Clause — Whereas,  it  is  of  the  utmost  importance  that 
experiments  in  the  various  lines  should  be  undertaken  during  the  com- 
ing spring,  an  emergency  is  hereby  declared  to  exist,  and  this  act 
shall  take  effect  and  become  a  law  from  and  after  its  passage  and  ap- 
proval by  the  Governor. 

CHAPTER  XXIII. 

PARENTAL  HOME  AND  SCHOOL  COMMISSION. 
§  455. — Parental  Home  and  School  Commission — In  all  counties  in 
this  'Commonwealth  wherein  there  is  a  city  of  the  first  class,  there 
shall  be  created  a  bi-partisan  commission  composed  of  seven  persons 
of  whom  two  shall  be  women,  and  three  of  whom  shall  belong  to  the 
same  political  party  as  the  County  Judge  and  four  of  whom  shall  be 
selected  from  that  party,  that  at  the  last  general  and  preceding  elec- 
tion shall  have  case  the  next  largest  vote,  which  shall  be  a  body- 
politic  and  corporate,  and  shall  be  known  as  the  "Parental  Home  and 
School  Commission,"  and  in  which  name  it  may  contract  and  may  be 
contracted  with,  sue  and  be  sued,  acquire  real  and  personal  estate  by 


SCHOOL  LAWiS  OF  KENTUCKY.  151 

gift  or  purchase,  and  'do  all  other  acts  necessary  to  carry  out  the  pur- 
poses of  this  act. 

§  456. — Members  Appointed  by  County  Judge — The  members  of 
said  commission  shall  be  appointed  by  the  County  judge,  who  with 
the  County  Judge  as  a  member  ex-officio  shall  constitute  said  commis- 
sion. Said  members  shall  be  appointed  for  a  term  of  two  years. 
Vacancies  in  said  Commission  shall  be  filled  for  the  unexpired  term 
in  the  same  manner  as  the  original  appointment.  Said  Commissioners 
shall  serve  without  compensation. 

§  457.^Superintendent  May  be  Employed— £aid  Commission  shall 
have  power  to  appoint  a  Superintendent  at  a  salary  not  exceeding 
$2,000  per  year,  and  such  other  employees  as  may  be  necessary  and 
fix  their  compensation,  to  rent  and  purchase  farm  lands,  erect, 
equip,  conduct  and  maintain  suitable  buildings  and  grounds  for  the 
care,  custody,  maintenance,  education  and  training  of  such  dependent, 
neglected  or  orphaned  children  as  may  be  committed  to  it  by  order 
of  the  County  Judge,  or  Juvenile  Court  Judge,  and  to  make  all  needful 
rules  for  the  conduct  and  maintenance  of  the  said  Parental  Home  and 
School,  which  in  their  judgment  seems  proper,  and  may  not  he  in  con- 
flict with  the  law. 

§  458. — Tax  Levy  to  Maintain — In  order  to  provide  money  for  the 
purchase  of  farm  lands  and  to  erect  and  equip  necessary  buildings 
for  the  needs  and  purposes  of  the  Parental  Home  and  School,  and  to 
maintain  the  same,  the  Fiscal  Court  is  empowered  to  levy  and  collect 
a  tax  of  two  cents  or  less  annually  on  each  one  hundred  dollars  worth 
of  property  as  shown  in  the  last  returned  assessment,  as  may  he  nec- 
essary and  to  set  the  same  apart  as  a  separate  fund  for  the  purposes 
of  this  act  until  a  sufficient  amount  shall  have  been  accumulated  for 
the  purchase  of  said  farm  lands  and  the  erection  and  equipment  of 
suitable  and  sufficient  buildings  for  the  conduct  of  said  Parental 
Home  and  School,  and  said  fund  shall  be  used  only  for  the  purpose 
for  which  it  was  created:  Provided,  that  any  fund  heretofore  set 
apart  by  the  Fiscal  Court  for  the  care  and  custody  of  dependent  chil- 
dren shall  be  placed  to  the  credit  of  the  Parental  Home  and  School 
Commission  and  may  be  at  once  used  by  said  'Commission  in  the  pur- 
chase of  farm  lands  and  equipment,  and  the  general  purposes  of  this 
act. 

All  sums  derived  from  taxation  for  the  purchase  of  lands  and  the 
erection,  equipment  and  maintenance  of  the  buildings  and  Institu- 
tions, including  any  fund  heretofore  set  apart  and  now  on  hand  for 
the  care  and  custody  of  dependent  children  shall  be  paid  over  to  said 
Commission  for  the  purposes  herein  set  forth. 


152  SCHOOL  LAWS  OF  KENTUCKY. 


CHAPTER   XXIV. 
STATE  NORMAL  SCHOOLS. 

§  459. — State  Normal  School  Created — Committee  to  be  Ap- 
pointed to  Fix  Boundaries — That  the  State  of  Kentucky  be  divided 
into  two  State  Normal  school  districts  and  that  they  be  called  the 
Eastern  Kentucky  State  Normal  School  District  and  the  Western 
Kentucky  State  Normal  School  District  and  that  there  be  estab- 
lished and  maintained  two  State  Normal  Schools  in  this  State  as 
follows:  The  Eastern  Kentucky  State  Normal  School  located  in  the 
Eastern  Normal  School  District  at  Richmond,  Kentucky,  and  the 
Western  Kentucky  State  Normal  School,  located  in  the  Western 
Normal  School  District  at  Bowling  Green,  Kentucky,  the  boundaries 
of  which  two  Normal  School  Districts  shall  be  fixed  the  year  follow- 
ing,  and  on  the  basis  of  every  federal  census,  by  a  commission  con- 
sisting of  the  State  Superintendent  of  Public  Instruction  and  the 
President  of  the  Eastern  and  Western  Kentucky  State  Normal 
Schools,  and  which  districts  shall  always  be  as  near  equal  as  may  be 
in  white  population.  (Section  as  amended  by  Act  of  1908.) 

§  460. — Objects — The  object  of  said  State  Normal  Schools  shall 
be  to  more  fully  carry  into  effect  the  provisions  of  section  one  hun- 
dred and  eighty-three  of  the  Constitution  of  Kentucky,  by  giving  to 
the  teachers  of  the  Commonwealth  such  training  in  the  common 
school  branches  in  the  science  and  art  of  teaching,  and  in  such 
other  branches  as  may  be  deemed  necessary  by  the  Normal  Execu- 
tive Council,  hereinafter  created,  as  will  enable  them  to  make  the 
schools  throughout  the  State  efficient. 

§  461.— Boards  of  Regents  Created— There  is  hereby  created  a 
Board  of  Regents  for  each  of  said  normal  schools,  to  be  known,  re- 
spectively, as  "The  Board  of  Regents  for  Normal  School  District  No.  1" 
and  the  "Board  of  Regents  for  Normal  School  District  No.  2."  Said 
board  shall  have  perpetual  succession,  with  power  to  contract  and  be 
contracted  with,  to  sue  and  be  sued,  to  plead  and  be  impleaded,  to  re- 
ceive by  any  legal  mode  of  conveyance  property  of  any  description, 
and  to  have  and  hold  and  enjoy  the  same;  also  to  make  and  use  a 
corporate  seal,  with  power  to  alter -the  same;  to  adopt  by-laws,  rules 
and  regulations  for  the  government  of  their  members,  official  agents 
and  employes:  Provided,  such  by-laws  shall  not  conflict  with  the  Con- 
stitution of  the  United  States  or  with  the  Constitution  of  the  State 
of  Kentucky. 

§  462. — The  Board  of  Regents  for  each  of  said  schools  shall  be 
composed  of  five  members,  including  the  Superintendent  of  Public 
Instruction,  who  shall  be  a  member  and  chairman  Qf  each,  of  said 
boards. 


SCHOOL  LAWiS  OF  KENTUCKY.  153 

§  4G3  —  Appointment     and  Terms     of   Board   of     Regents— Within 

thirty  days  after  the  selection  of  the  normal  school  sites,  as  herein- 
after provided,  the  Governor  shall  appoint  four  regents  for  each  of 
said  normal  schools,  two  of  which  shall  serve  for  two  years  and  two 
for  four  years,  and  until  their  successors  are  appointed  and  qualified; 
and  two  members  shall  be  appointed  in  like  manner  every  two  years 
thereafter  to  serve  for  a  term  of  four  years  each;  and, 
whenever  a  vacancy  or  vacancies  occur  in  either  of  said 
boards  by  death,  resignation,  removal  from  district,  of  by 
the  operation  of  this  law,  or  otherwise,  the  Governor  shall, 
in  like  manner,  immediately  appoint  some  competent  person 
or  persons  to  fill  such  vacancy  or  vacancies'.  The  person  or  per- 
sons so  appointed  shall  hold  office  for  the  unexpired  term:  Provided, 
that  no  two  members  of  either  of  said  boards  shall  be  residents  of 
any  one  county,  and  that  not  more  than  three  members  of  any  of  said 
boards,  including  the  Superintendent  of  Public  Instruction,  shall  be- 
long to  the  same  political  party. 

§  464. — Said  agents  shall  (hold  their  offices  for  a  term  of  four 
years  from  the  first  day  of  April  next  preceding  their  appointment, 
and  until  their  successors  are  duly  appointed  and  qualified,  except 
such  as  may  be  appointed  to  fill  vacancies,  who  shall  hold  office  for 
the  unexpired  term  only. 

§  465.— Election  of  Officers  of  Board— Each  of  said  Board  of  Re- 
gents shall  hold  its  first  meeting  within  thirty  days  after  its  appoint- 
ment, the  time  and  place  of  meeting  to  be  designated  by  the  Superin- 
tendent of  Public  Instruction,  who  shall  administer  the  oath  of  office 
to  each  member.  At  this  meeting  there  shall  be  selected  a  vice-presi- 
dent and  a  secretary  for  each  of  said  boards.  Said  board  shall  also 
appoint  a  treasurer  and  such  officers  as  it  may  deem  necessary,  but 
no  member  of  either  of  said  boards  shall  be  selected  as  treasurer. 

§  466. — Meetings  to  be  Held  by  Board — Each  board  shall  meet 
quarterly  at  such  time  and  places  as  may  be  agreed  upon  and,  until 
the  buildings  are  arranged  for  and  completed,  and  as  much  oftener 
as  may  be  necessary,  but  thereafter  the  regular  meetings  of  each  of 
said  boards  shall  be  held  at  its  respective  normal  school  building. 

§  467. — A  majority  of  the  members  of  said  board  shall  constitute 
a  quorum  for  the  transaction  of  business,  but  no  appropriation  of 
money,  nor  any  contract  which  shall  require  any  appropriation  or 
disbursement  of  money,  shall  be  made,  nor  teacher  employed  or  dis- 
missed, unless  a  majority  of  all  the  members  of  the  board  shall  vote 
for  the  same. 

§  468. — Powers  and  Duties — Each  board  of  Regents  shall  ihave  gen- 
eral control  and  management  of  its  normal  school;  shall  possess 
full  power  and  authority  to  adopt  all  needful  rules1  and  regulations 
for  the  guidance  and  supervision  of  the  conduct  of  the  students  of  any 
department  thereof;  to  enforce  obedience  to  such  rules,  to  invest  the 
faculty  with  the  power  to  suspend  or  expel  any  pupil  for  disobedience 


154  SCHOOL  LAWS  OF  KENTUCKY. 

to  such  rules  or  for  any  contumacy,  insubordination  or  immoral  con- 
duct, and  have  authority  to  appoint  or  dismiss  all  officers  and  teach- 
ers, to  require  such  reports  from  officers  and  instructors  as  it  may 
deem  necessary,  to  appoint  a  treasurer  for  such  school  and  to  deter- 
mine the  amount  of  his  bond,  which  amount  shall  not  be  less  than  tea 
thousand  'dollars. 

§  469.— Normal  Executive  Council— The  Superintendent  of  Public 
Instruction,  together  with  the  president  or  head  executive  officer  of 
each  State  normal  school  herein  created,  shall  constitute  a  Normal 
Executive  Council,  whose  duty  it  shall  be  to  prescribe  the  course  of 
study  to  be  taught  in  each  State  Normal  school,  and  the  educational 
Qualifications  for  admission  to  and  graduation  from  same. 

§  470. — At  the  first  meeting  of  the  Normal  Executive  Council, 
which  shall  occur  within  one  month  after  the  election  of  the  presi- 
dents of  the  said  normal  schools  herein  created,  there  shall  be  elect- 
ed from  said  council  a  vice-president  and  a  secretary;  the  Superin- 
tendent  of  Public  Instruction  shall  be  ex-officio  president  of  the  coun- 
cil. 

§  471. — This  council  shall  hold  its  meetings  annually  or  as  much 
oftener  as  may  be  deemed  necessary  at  the  State  Capitol  or  at  one 
of  the  normal  school  buildings,  the  place  of  meeting  to  be  determin- 
ed by  the  Superintendent  of  Public  'Instruction,  and  a  majority  of  the 
members  shall  constitute  a  quorum. 

§  472. — Board  of  Regents  to  Confer  Certificates — Reports — Endorse- 
ment of  Certificate  by  Superintendent  of  Public  Instruction — County 
Superintendent  May  Revoke — Secretary  of  Board  of  Regents  Must  Re- 
port to  Superintendent  of  Public  Instruction — Each  Board  of  Regents 
shall  have  full  power  and  authority  subject  to  the  approval  of  the 
State  Superintendent  of  Public  Instruction,  to  confer,  under  its  cor- 
porate seal,  upon  students  of  said  schools  the  following  certificates, 
viz:  An  "Elementary  Certificate,"  and  "Intermediate  Certificate"  and 
'Advanced  Certificate."  The  Elementary  Certificate  shall  be  conferred 
upon  the  completion  of  one  year's  work,  and  shall  entitle  the  holder 
thereof  to  teach  in  any  public  school  in  this  State  for  the  period  of 
two  years  from  the  date  thereof  without  further  examination.  The  In- 
termediate Certificate  shall  be  conferred  upon  the  completion  of  two 
years'  work,  and  shall  entitle  the  holder  thereof  to  teach  in  any  pub- 
lic school  in  this  State  for  a  period  of  four  years  from  the  date 
thereof  without  further  examination.  The  Advanced  Certificate  shall 
be  conferred  upon  the  completion  of  three  years'  work,  and  shall  en- 
title the  holder  thereof  to  teach  in  any  public  school  in  this  State  for 
a  period  of  three  years  from  the  date  thereof  without  further  exami- 
nation, and  if  at  the  end  of  the  three  years  a  teacher  holding  an  Ad- 
vanced Certificate  shall  present  to  the  Board  of  Regents  which  grant- 
ed the  same  satisfactory  evidence  of  successful  teaching  during  said 
period,  and  of  good  moral  character,  then  the  Advanced  Certificate 
may  be  extended  for  life,  or  good  behavior,  by  said  Board,  subject, 


SCHOOL  LAWS  OP  KENTUCKY.  155 

however  to  the  approval  of  the  State  Superintendent  of  Public  In- 
struction; and  it  shall  be  so  endorsed  by  the  said  Board,  and  the 
holder  thereof  shall  be  entitled  to  teach  in  any  public  school  in  this 
State  during  good  behavior  without  further  examination.  The  official 
endorsement  of  the  State  Superintendent  of  Public  Instruction  shall 
be  necessary  to  validate  any  certificate  or  extension  thereof  above 
named.  Any  certificate  may  be  revoked  for  cause  by  the  Board  of 
Regents  of  the  school  granting  the  same,  or  by  the  State  Superinten- 
dent of  Public  Instruction.  Any  County  Superintendent  may,  for 
cause,  revoke  for  his  county  any  certificate,  of  which  revocation  im- 
mediate notice  shall  be  given  to  the  State  Superintendent  of  Public 
Instruction,  and  he  shall  have  power  to  approve  or  reverse  such 
revocation.  The  Secretary  of  the  Board  of  Regents  shall  annually  on 
or  before  the  first  day  of  August,  transmit  to  the  State  Superintend- 
ent of  Public  Instruction  the  names  of  those  receiving  such  certifi- 
cates, their  date  of  issue,  and  the  place  of  residence  of  each  holder, 
and  the  State  Superintendent  shall  annually,  not  later  than  August 
the  15th,  forward  to  each  County  School  Superintendent  a  printed  list 
of  persons  holding  State  certificates'  then  in  force,  and  those  authoriz- 
ed to  teach  under  the  provisions  of  this  section,  giving  names,  resi- 
dences, dates  of  qualification,  and  by  whom  conferred,  and  the  date 
on  which  each  Normal  certificate  shall  expire;  and  the  holder  of  such 
certificate  shall,  before  commencing  to  teach  a  public  school  in  any 
county  in  this  State,  notify  the  County  Superintendent  thereof  of 
such  fact,  give  date  of  qualification  and  by  whom  conferred,  and  the 
County  School  Superintendent  shall  verify  same  by  examination  of 
the  list  sent  him  by  the  State  Superintendent,  and  if  found  correct, 
shall  duly  record  the  said  teacher  as  eligible  to  teach  in  such  county. 

§  473.— Power  to  Remove  Officers  and  Fix  Compensation — The 
Boards  of  Regents  shall  have  power  to  appoint  and  to  remove  the 
president,  professors  and  teachers  of  the  normal  schools,  to  fix  their 
compensation,  the  commencement  and  termination  of  their  respec- 
tive terms  of  office,  not  to  exceed  two  years  for  any  one  term. 

§  474. — Causes  for  Removal  of  Officers  and  Teachers — No  presi- 
dent, professor  or  teacher  shall  be  removed  except  for  incompetency, 
neglect  or  refusal  to  perform  his  duty,  or  for  immoral  conduct;  nor 
shall  such  president,  professor  or  teacher  be  removed  until  after  ten 
days'  notice  in  writing,  stating  the  nature  of  the  charges  preferred; 
and  such  person  shall  have  an  opportunity  to  make  a  defense  before 
the  board,  by  counsel  or  otherwise,  and  shall  be  allowed  to  introduce 
testimony,  which  shall  be  heard  and  determined  by  the  board.  In 
every  case  of  the  suspension  or  expulsion  of  a  student  by  the  faculty, 
the  person  so  suspended  or  expelled  shall  be  allowed  to  appeal  from 
the  decision  of  the  faculty  to  the  Board  of  Regents,  and  it  shall  be 
the  duty  of  the  Board  of  Regents  to  prescribe  the  manner  and  mods 
of  proceeding  in  the  matter  of  such  appeal;  but  the  decision  of  the 
Board  of  Regents  shall  be  final. 


156  SCHOOL  LAWS  OF  KENTUCKY. 

§  475. — Special  Meetings — Upon  the  written  request  of  any  two 
members  of  the  Board  of  Regents,  or  at  the  request  of  the  faculty, 
signed  by  the  president  and  certified  by  the  secretary  thereof,  the 
chairman  of  the  Board  of  Regents  may  call  a  special  meeting  and  the 
object  or  objects  thereof,  and  no  other  business,  shall  be  transacted 
at  such  meeting,  unless  all  the  members  of  the  board  are  present  and 
consent  thereto. 

§  476. — Mileage  Allowed  Board — No  member  of  the  Board  of 
Regents,  nor  member  of  the  Normal  Executive  Council,  shall  draw 
any  salary  for  services  as  such,  but  shall  receive  six  cents  per  mile 
for  every  mile  necessarily  traveled  in  going  to  and  from  each  meet- 
ing for  the  board,  and  other  legitimate  expenses  to  be  paid  out  of 
the  contingent  fund  of  the  school. 

§  477.— Board  and  Officers  not  to  be  Interested  in  Sales  or  Con- 
tracts— No  president,  profess'or,  teacher,  regent,  member  of  the  Nor- 
mal Executive  Council  or  other  officer  or  employe  shall  keep  for 
sale,  or  be  interested,  directly  or  indirectly,  in  any  contract  or  pur- 
chase for  the  building  or  repairing  any  structure,  or  for  fencing  or 
ornamenting  the  grounds,  or  furnishing  any  supplies  or  material  for 
the  use  of  said  normal  school.  (Acts'  of  1906.) 

§  478.— Annual  Report  to  the  State  Superintendent  of  Public  In- 
struction—The President  of  each  Normal  School  shall  make  to  his 
Board  of  Regents  written  reports  in  duplicate  during  the  month  of 
August  of  each  year,  which  shall  contain  a  full  account  of  all  receipts 
of  moneys  from  appropriations,  tuitions,  fees  and  all  other  sources, 
and  the  disbursements  thereof,  and  for  what  purpose,  and  the  condi- 
tion of  said  Normal  School;  shall  also  report  a  list  of  the  names  and 
places  of  residence  of  all  students  that  may  have  been  taught  in 
the  Normal  School  during  the  preceding  year,  the  number  of  terms 
enrolled,  the  number  of  days  each  has  taught  and  the  amount  of  tui- 
tion and  incidental  fees  paid;  one  of  which  reports  shall  be  filed  in 
the  office  of  the  Secretary  of  the  Board  of  Regents,  and  the  other 
transmitted  to  and  filed  in  the  office  of  Superintendent  of  Public  In- 
struction at  Frankfort,  Kentucky.  (Section  as  amended  by  Act  of 
1908.) 

§  479. — Treasurer  to  Execute  Bond — The  treasurer  of  the  respec- 
tive Board  of  Regents,  before  he  enters  upon  the  duties  of  his  office, 
shall  enter  into  a  bond  to  the  Commonwealth  of  Kentucky,  with  not 
less  than  two  solvent  sureties  or  a  guarantee  company  authorized  to 
do  business  in  Kentucky,  in  a  sum  of  not  less1  than  ten  thousand  dol- 
lars, to  be  approved  by  the  board,  conditioned  that  he  will  faithfully 
perform  all  the  duties'  required  of  him  by  law  as  such  treasurer, 
which  bond  shall  be  filed  with  the  secretary  of  the  board. 

§  480. — Treasurer  to  Receive  and  Disburse  Moneys — Compensa- 
tion— It  shall  be  the  duty  of  the  treasurer  of  the  board  to  receive  and 
disburse  all  moneys  under  the  control  of  the  Board  of  Regents  and 
perform  all  such  acts  as  pertain  to  his  office,  under  the  direction  of 


SCHOOL  LAWiS  OF  KENTUCKY.  157 

the  Board  of  Regents,  and  to  make  a  report  of  the  same  to  the  board 
at  its  quarterly  meetings.  In  the  month  of  August  of  each  year,  the 
treasurer  of  said  board  shall  also  make  and  furnish  to  the  Board  of 
Regents,  to  be  by  it  transmitted  to  the  State  Superintendent  of  Pub 
lie  Instruction,  an  abstract  of  which  shall  contain  full  account  of  all 
moneys1  received  and  disbursed  by  the  school  during  the  preceding 
year,  stating  from  what  source  received  and  on  what  account  paid  out, 
and  the  amount  paid  to  each  professor,  teacher  or  other  officer  of  the 
school;  and  on  or  before  the  second  Monday  in  January,  one  thou- 
sand nine  hundred  and  eight,  and  every  two  years  thereafter,  said 
treasurer  shall  also  report  to  the  Board  of  Regents,  to  be  by  it  trans- 
mitted to  the  General  Assembly,  an  itemized  statement  of  all  re- 
ceipts and  expenditures'  for  the  two  calendar  years  preceding,  showing 
minutely  all  disbursements  of  moneys  received  from  the  State  or 
other  sources.  The  compensation  of  the  treasurer  shall  be  fixed  by 
the  Board  of  Regents. 

§  481. — Duties  of  Secretary — Compensation — It  shall  be  the  duty 
of  the  secretary  of  the  boards  to  keep  and  preserve  all  records,  books' 
and  papers  belonging  to  the  board.  He  shall  keep  a  journal  of  the 
proceedings  of  the  board,  in  which,  if  requested  by  any  member  of 
the  Board  of  Regents,  the  ayes  and  noes  on  all  questions  shall  be 
entered.  He  shall  prepare,  under  the  direction  of  the  board,  all  re- 
ports, estimates  and  to  execute  all  such  matters  as  belong  to  his 
office.  His  compensation  shall  be  fixed  by  the  board. 

§  482 — Provisions  for  Payment  of  Indebtedness — The  respective 
Boards  of  Regents  shall,  at  their  regular  meetings,  provide  for  the 
payment  of  any  indebtedness  of  the  school,  and  for  that  purpose  they 
shall  set  apart  all  moneys  which  may  be  derived  from  tuition  or 
other  fees  paid  by  students  to  the  payment  of:  First,  the  incidental 
expenses  of  such  school;  and,  second,  the  payment  of  such  indebt- 
edness; and  until  such  indebtedness  shall  be  fully  paid  off,  no  part 
of  the  fund  derived  from  tuition  or  other  incidental  fees  shall  be 
used  for  the  payment  of  professors,  teachers  or  other  officers  or  em- 
ployes of  such  school,  nor  shall  the  board,  until  such  indebtedness  be 
fully  paid,  make  any  contract  for  the  hire,  employment  or  payment 
of  professors',  teachers  or  other  officials,  or  employes  of  such  schools 
that  will  be  a  greater  sum  of  money  for  the  annual  payment  thereof 
than  the  amount  of  the  appropriation  by  the  State  for  the  support  of 
said  school  for  that  year. 

§  483. — All  appropriations  made  by  the  General  Assembly  for  the 
support  of  normal  schools,  or  for  the  benefit  thereof,  and  all  grants, 
gifts,  bequests  or  donations  by  any  individual  or  corporation  for  a 
specified  use  shall  be  applied  to  such  use  or  uses  and  no  other.  (Acts 
of  1906.) 

§  484. — Gratuitous  Instruction — Pupils — How  Chosen — Each  county 
in  the  State  shall  be  the  unit  of  appointment;  and  each  county  shall 
be  entitled  annually  to  appointment  to  free  tuition  in  the  Normal 


158  SCHOOL  TjAW,S  OF  KENTUCKY. 

School  of  the  district  in  which  it  is  located,  of  one  white  pupil  for 
every  five  hundred,  and  fraction  thereof  over  two  hundred  and  fifty, 
of  white  school  children,  based  on  the  last  official  school  census  pre- 
ceding the  appointment.  Said  pupils  so  appointed  shall  be  chosen  as 
follows:  The  Superintendent  of  Schools  in  each  county  shall  receive 
and  register  the  names  of  all  applicants  for  admission  to  said  schools 
and  shall  examine  such  applicants  at  such  time  and  in  such  manner 
as  the  Normal"  Executive  Council  may  direct,  and  the  applicants 
found  to  possess  the  highest  qualifications',  and  who  are  of  good  char- 
acter, shall  be  accepted  as  the  pupils  to  which  said  county  is  entitled. 
Said  appointment  shall  be  for  the  full  term  of  the  prescribed  course 
of  study  in  the  school;  any  vacancy  in  any  county  may  be  filled  in 
the  same  manner  as  provided  for  regular  appointments.  Should  the 
number  of  appointees  in  attendance  during  any  term  not  reach  the 
number  allowed  for  the  county,  said  county  may  may  during  any 
other  term  appoint  alternates,  so  that  the  average  for  any  whole 
year  from  any  county  may  equal  the  number  to  which  it  is  entitled 
under  the  provisions  of  this  section.  The  Board  of  Regents  shall 
have  power,  in  case  any  pupil  so  appointed  shall  refuse  to  sign  and 
file  with  the  Secretary  of  said  Board  a  declaration  that  he  or  she 
will,  if  engagement  can  be  secured  by  reasonable  effort,  teach  in  the 
public  schools  of  this  State  not  fewer  than  two  years  upon  an  Ele- 
mentary Certificate;  not  fewer  than  three  years  upon  an  Intermediate 
or  Advanced  Certificate,  to  require  such  pupil  to  pay  such  fees  and 
tuitions  as  the  Board  may  prescribe.  (Section  as  amended  by  Acts  of 
1908.) 

§  485. — Model  or  Practice  School— /The  Board  of  Regents  of  each 
school  may  maintain  in  connection  with  the  said  normal  schools,  a 
model  and  practice  school,  under  the  supervision  of  thoroughly  train- 
ed teachers,  for  the  purpose  of  giving  observation  and  practice  work 
to  the  student  teachers. 

§  486. — Commission  to  Locate  the  Schools — The  Governor  shall, 
within  thirty  days  after  this  act  becomes  a  law,  appoint  a  commission 
composed  of  seven  persons,  one  from  each  appellate  district  of  the 
State,  who  shall,  within  thirty  days  after  their  appointment,  meet  at 
Frankfort,  Kentucky,  on  a  date  fixed  by  the  Governor,  and  organize 
and  arrange  to  receive  from  those  localities  in  Kentucky  desiring  to 
secure  the  location  of  said  schools,  proposals  for  donations  of  suit- 
able sites  and  other  valuable  considerations,  and  shall,  within  ninety 
days  after  their  appointment,  locate  the  said  schools  in  said  normal 
school  districts  at  the  place  making  the  most  advantageous  officers, 
all  things  considered.  All  proposals  for  sites  or  locations  for  the 
schools  shall  be  in  writing,  and  shall  be  entered  at  large  on  the 
records  of  the  cimmission,  and  the  findings  of  the  commission  fixing 
the  locations  shall  be  in  writing  and  entered  at  large  on  the  records 
of  the  said  commission:  Provided,  That  no  town  or  city  shall  be 
selected  for  the  location  of  said  school  which  does  not  have  facilities 


SCHOOL,  LAWS  OF  KENTUCKY.  159 

•  r* ' 

for  a  good  water  supply  and  other  conveniences  necessary  for  the  in- 
stitution. 

§  487.— Appropriation — In  order  to  enable  the  Boards  of  Regents' 
to  carry  into  effect  the  provisions  of  this  act,  there  is  hereby  appro- 
priated the  sum  of  ten  thousand  dollars  ($10,000)  to  be  divided  equal- 
ly between  the  two  normal  schools  herein  provided  for,  for  the  pur- 
pose of  equipping  suitable  buildings',  improving  grounds,  etc.,  and 
the  sum  of  forty  thousand  dollars  ($40,000)  annually  to  be  divided 
equally  between  the  two  schools  for  the  purpose  of  defraying  the 
salaries  of  teachers  and  other  current  expenses:  Provided, 
That  the  latter  appropriation  shall  not  become  effective  for  any 
school  until  the  buildings  have  been  equipped  and  the  school  regularly 
opened. 

§  488. — Deeds  to  be  Made  to  Commonwealth — The  money  hereby 
appropriated  for  equipment  shall  be  available  immediately  for  each 
of  said  normal  schools  upon  the  delivery  of  a  good  'general  warranty 
deed,  conveying  to  the  Commonwealth  the  property  to  be  donated  as 
above  provided  and  its  acceptance  by  the  locating  commission.  The 
money  appropriated  under  this  act  for  equipment  and  maintenance  of 
the  schools  shall  be  disbursed  as  follows,  viz:  The  chairman  and  sec- 
retary of  the  Board  of  Regents  sihall  draw  their  warrants  for  the 
equipment  and  maintenance  of  each  school  provided  for  under  this 
act  on  the  Auditor  of  Public  Accounts,  payable  to  the  treasurer  of 
each  normal  school,  and  upon  receipt  of  said  draft  by  the  Auditor,  he 
shall  -draw  his  warrant  for  the  proper  amount  upon  the  Treasurer  ol 
/the  State.  The  money  authorized  to  be  paid  out  of  the  State  Treas- 
ury under  this  act  shall  be  paid  out  of  the  general  funds  not  other- 
wise appropriated. 

§  489. — Whereas,  in  order  to  open  during  the  present  year  the  nor- 
mal schools  provided  for  in  this  act,  it  is  necessary  that  the  same  be- 
come effective  as  soon  as  possible;  and,  whereas  a  public  necessity 
exists  for  the  immediate  establishment  and  opening  of  normal  schools 
in  this  State,  in  order  to  make  its  common  school  system  more  effec- 
tive as  required  by  the  Constitution  of  Kentucky,  an  emergency  is 
therefore  declared  to  exist,  and  this  act  shall  take  effect  from  and 
after  its  passage  and  approval  by  the  Governor.  (Acts  of  1906.) 

§  490. — May  Purchase  Lands — Condemnation  Proceedings — May 
Provide  for  Library — May  Sell  Real  Estate— The  Board  of  Regents  of 
each  of  said  Normal  Schools  is  vested  with  power  to  purchase -addi- 
tional real  estate  when  in  its  judgment  the  same  is  necessary  for  the 
•purposes  of  the  school.  If  the  Board  of  Regents  be  unable  to  agree 
with  the  owner  or  owners  of  such  real  estate  as  to  its  value,  or  to 
purchase  the  same,  it  may  proceed  in  its  own  name,  in  any  court  hav- 
ing jurisdiction,  to  condemn  such  real  estate  in  the  same  manner  as 
provided  by  law  in  the  condemnation  of  lands  for  railroad  purposes. 
Real  estate  acquired  by  purchase  or  condemnation  shall  be  paid  out 
of  moneys  appropriated  to  said  school.  Bach  Board  of  Regents  may, 


160  SCHOOL  'LAWS  OF  KENTUCKY. 

on  such  terms  as  it  may  regard  best  for  the  school,  lease  or  donate  a 
lot  of  land  for  the  purpose  of  securing  the  erection  of  a  library 
thereon;  each  Board  may  also  erect  or  lease  another  for  a  term  of 
years  any  necessary  buildings  or  grounds.  Each  Board  of  Regents 
may,  when  it  regards  the  same  to  be  best  for  its  school,  sell  and  con- 
vey any  real  estate  or  buildings  now  owned  by  it,  but  the  proceeds 
arising  from  such  sale  must  be  reinvested  in  other  real  estate  and 
buildings  for  the  use  of  said  school. 

§  491. — Students  May  Take  Examination  for  County  Certificate — 
That  students,  while  attending  a  State  Normal  School  may  be  exam- 
ined for  county  teachers'  certificate  by  the  Board  of  Examiners  of 
the  county  in  which  such  Normal  School  is  located,  and  on  the  date 
provided  in  the  common  school  law  for  examination  of  teachers.  If 
such  Normal  students  are  of  the  age  and  character  required  by  law 
in  the  case  of  other  candidates  for  county  certificates,  tht  County  Su- 
perintendent of  the  county  in  which  the  Normal  School  they  are  at- 
tending is  located,  shall  admit  them  to  examination  and  shall  collect 
from  each  the  legal  fee,  together  with  fifty  cents  additional.  At  the 
close  of  the  examination  the  County  Superintendent  shall  transmit  by 
registered  mail,  the  examination  papers  of  each  student  candidate, 
together  with  the  examination  fee,  to  the  County  Superintendent  of 
the  county  from  which  said  candidate  desires  his  certificate  issued. 
The  County  Board  of  Examiners  shall  canvass  the  papers  sent  to  them 
as  above  provided,  and  shall  issue  county  certificates  upon  them,  upon 
the  same  terms  and  conditions  as  in  case  of  candidates  appearing  in 
person  for  examination. 

§  492. — Appropriation  for  Buildings — May  Purchase  Additional 
Ground — Architect  May  be  Appointed — Advertisement  for  Bids — Bond 
to  be  given  by  Successful  Bidder — Itemized  Account  to  be  Submitted— 
That  the  sum  of  one  hundred  and  fifty  thousand  dollars,  or  so  much 
as  may  be  necessary  thereof,  be,  and  the  same  is  hereby,  appropriated 
for  the  benefit  of  the  Eastern  Kentucky  State  Normal  School,  Rich- 
mond, Kentucky,  for  the  erection  and  equipment  of  a  suitable  dormi- 
tory for  the  accommodation  of  the  male  students;  also  for  the  erec- 
tion and  equipment  of  an  addition  to  the  dormitory  for  the  accommo- 
dation of  the  female  students;  also  for  the  erection  and  equipment  of 
a  model  school  building;  also  for  the  erection  and  equipment  of  a 
practice  school  building;  also  for  the  erection  and  equipment  of  an 
administration  building;  also  for  the  erection  and  equipment  of  a  cen- 
tral heating  plant,  and  for  the  necessary  repair  and  equipment  of  the 
present  buildings  of  said  institution.  All  of  said  buildings  shall  be 
erected  upon  the  grounds  owned  by  said  institution,  or  upon  grounds 
-that  may  be  acquired  by  purchase  by  the  board  of  regents  of  said  in- 
titution.  If,  in  the  judgment  of  the  said  board  of  regents,  the  pur- 
chase of  additional  grounds  may  be  necessary  for  the  accommodation 
of  the  new  buildings  herein  contemplated  or  for  the  proper  conducting 
of  said  school,  they  may  make  such  necessary  purchase  and  pay  for 
the  same  out  of  the  money  hereby  appropriated.  Tine  title  to  such 


SCHOOL  LAWS  OP  KENTUCKY.  161 

real  estate  shall  be  made  to  and  held  by  the  Commonwealth  of  Ken- 
tucky for  the  use  and  benefit  of  said  school.  The  said  board  of  re- 
gents is  vested  with  a  sound  discretion  as  to  the  order  of  construc- 
tion, and  as  to  the  location  of  the  improvements  herein  set  forth, 
or  in  giving  preference  to  such  other  improvements  as  will  best  pro- 
mote the  interest  of  the  school,  provided  the  total  expenditure  shall 
not  exceed  the  amount  herein  appropriated.  The  said  board  <">f  re- 
gents shall  appoint  a  competent  architect  or  architects  to  prepare, 
under  their  direction,  plans  and  specifications  for  the  buildings  afore- 
said, and  shall  contract  with  responsible  parties  for  the  erection 
and  equipment  of  same.  All  contracts  under  this  act  for  material 
and  labor,  or  for  the  erection  of  any  and  all  buildings  and  improve- 
ments and  for  the  equipment  for  the  same  for  the  purpose  men- 
tioned in  this  act,  shall  be  let  to  the  lowest  and  best  bidder,  after 
the  same  is  duly  advertised  by  notice  for  at  least  one  month  in  a 
weekly  or  semi-weekly  newspaper  published  in  the  city  of  Rich- 
mond, Kentucky,  which,  in  the  judgment  of  the  said  board  of  re- 
gents, (has  the  largest  circulation.  The  successful  bidder  or  bid- 
ders in  each  case  shall  enter  bond  to  the  Commonwealth  of  Ken- 
tucky for  the  benefit  of  said  normal  school  in  a  sum  not  less  than 
twenty-five  per  cent,  of  the  contract  price  or  sum  for  the  com- 
pletion of  the  work  in  the  manner  and  within  the  time  set  out  in 
the  contract  or  contracts.  The  manner  and  time  shall  be  fully  and 
in  detail  set  out  in  said  contract.  The  money  hereby  appropriated 
shall  be  paid  to  the  treasurer  of  the  said  normal  school  from  time 
to  time,  as  the  improvements  contemplated  in  this  act  may  require 
and  it  shall  be  the  duty  of  the  Auditor  of  Public  Accounts  to  draw 
his  warrant  or  warrants  upon  the  Treasurer  of  the  State  in  favor  of 
the  treasurer  of  said  normal  school  for  an  amount  or  amounts  as  the 
said  treasurer  of  said  normal  school  may,  countersigned  by  the  State 
Superintendent  of  Public  Instruction,  certify  to  him  from  time  to  time 
is  necessary  and  needed  in  carrying  out  the  provisions  of  this  act: 
Provided,  however,  That  one-third  of  said  appropriation  shall  be  due 
and  payable  on  December  1,  1908,  one-third  thereof  shall  be  due  and 
payable  on  July  1,  1909,  and  one-third  thereof  shall  be  due  and  pay- 
able on  July  1,  1910.  The  said  board  of  regents  shall  submit  to  the 
next  regular  session  of  the  General  Assembly  an  itemized  account 
and  statement  of  the  expenditures  made  for  the  purposes  herein 
named,  which  account  and  statement  shall  be  properly  certified  and 
audited;  and  if  any  of  the  funds  hereby  appropriated  remain  unex- 
pended after  the  additions  and  improvements  to  said  normal  school 
herein  authorized  have  been  made,  the  same  shall  be  returned  to  the 
State  Treasurer  by  the  said  board  of  regents. 

§  493. — One  Hundred  and  Fifty  Thousand  Dollars  Appropriated  to 
Western  Kentucky  State  Normal  School — Building  May  Be  Erected — 
Additional  Grounds  May  Be  Purchased — Architect — Bond  by  the  Suc- 
cessful Bidder — Account  and  Statement  Must  be  Submitted  to  Gcn- 

S.  L.  6. 


162  SCHOOL  LAWS  OF  KENTUCKY. 

eral  Assembly — That  the  sum  of  one  hundred  and  fifty  thousand  dol- 
lars, or  so  much  as  may  be  necessary  thereof  be  and  the  same  is 
hereby  appropriated  for  the  benefit  of  the  Western  Kentucky  State 
Normal  School,  Bowling  Green,  Kentucky,  for  the  erection  and 
equipment  of  a  suitable  dormitory  for  the  accommodation  of  male 
students;  also  for  the  erection  and  equipment  of  suitable  dormitory 
for  the  accommodation  of  female  students;  also  for  the  erection  and 
equipment  of  a  suitable  science  hall;  also  for  the  erection  and  equip- 
ment of  buildings  for  additional  classrooms;  also  for  the  erection  and 
equipment  of  a  building  for  library  and  laboratories';  also  for  the  nec- 
essary repairs  and  equipment  of  the  present  building  of  said  institution. 
All  of  said  buildings  shall  be  erected  upon  the  grounds  owned  by  said 
institution,  or  upon  such  grounds  as  may  be  acquired  by  purchase  by 
the  board  of  regents  of  said  institution.  If,  in  the  judgment  of  the 
said  board  of  regents,  the  purchase  of  additional  grounds  may  be 
necessary  for  the  accommodation  of  the  new  buildings  herein  con- 
templated or  for  the  proper  conducting  of  said  school,  they  may  make 
such  necessary  purchase  and  pay  for  same  out  of  the  money  herein 
appropriated.  The  title  to  such  real  estate  shall  be  made  to,  and 
held  by,  the  Commonwealth  of  Kentucky  for  the  use  and  benefit  of 
said  school.  The  said  board  of  regents  is  vested  with  a  sound  discre- 
tion as  to  the  order  of  construction  and  as  to  the  location  of  the  im- 
provements herein  set  forth,  or  in  giving  preference  to  such  other 
improvements  as  will  best  promote  the  best  interest  of  the  school, 
provided  that  the  total  expenditure  shall  not  exceed  the  amount  here- 
in appropriated.  The  said  board  of  regents  shall  appoint  a  compe- 
tent architect  or  architects  to  prepare,  under  their  direction,  plans 
and  specifications  for  the  buildings  aforesaid,  and  shall  contract  with 
responsible  parties  for  the  erection  and  equipment  of  same.  All  con- 
tracts under  this  act  for  material  and  labor,  or  for  the  erection  of  any 
and  all  buildings  and  improvements  and  for  the  equipment  for  the 
same  for  the  purposes  mentioned  in  this  act,  shall  be  let  to  the  low- 
est and  best  bidder  after  the  same  is  duly  advertised  for  ten  consecu- 
tive days  in  a  daily  paper  published  in  Bowling  Green,  Kentucky,  hav- 
ing the  largest  circulation,  or  for  four  consecutive  weeks  in  the 
weekly  paper  published  in  said  city,  which,  in  the  judgment  of  the 
said  board  of  regents,  has  the  largest  circulation.  The  successful 
bidder  or  bidders  in  each  case  shall  enter  into  bond  with  the  Com- 
monwealth for  the  benefit  of  said  normal  school  in  a  sum  not  less 
than  twenty-five  per  cent,  of  the  contract  price  or  sum  for  the  com- 
pletion of  the  work  in  the  manner  and  within  the  time  set  out  in 
the  contract  or  contracts,  and  manner  and  time,  shall  be  fully  and 
in  detail  set  out  in  said  contract.  The  money  hereby  appropriated 
shall  be  paid  to  the  treasurer  of  said  normal  school,  from  time  to 
time  as  the  improvements  contemplated  in  the  act  may  require;  and 
it  shall  be  the  duty  of  the  Auditor  of  Public  Accounts  to  draw  his 
warrant  or  warrants  upon  the  Treasurer  of  the  State  in  favor  of  the 


SCHOOL  LAWS  OF  KENTUCKY.  163 

treasurer  of  said  normal  school  for  an  amount  or  amounts  as  said 
treasurer  of  said  normal  school  may,  countersigned  by  the  State 
Superintendent  of  Public  Instruction,  certify  to  him  from  time  to  time 
is  necessary  and  needed  in  carrying  out  the  provisions  of  this  act: 
Provided,  however,  That  one-third  of  said  appropriation  shall  be  due 
and  payable  on  December  1,  1908,  one-third  thereof  shall  be  due  and 
payable  on  July  1,  1909,  and  one-third  thereof  shall  be  due  tnd  pay- 
able on  July  1,  1910.  The  said  board  of  regents  shall  submit  to  the 
next  regular  session  of  the  General  Assembly  an  itemized  account 
and  statement  of  the  expenditures  made  for  the  purpose  herein 
named,  which  account  and  statement  shall  be  properly  certified  and 
audited,  and  if  any  of  the  funds  hereby  appropriated  remain  unex- 
pended after  additions  and  improvements  to  said  normal  school 
herein  authorized  have  been  made,  the  same  shall  be  returned  to  the 
State  Treasurer  by  the  said  board  of  regents. 

§  494. — Twenty  Thousand  Dollars  Annually  Appropriated  to  The 
Eastern  Kentucky  State  Normal  School — Thirty  Thousand  Dollars 
Appropriated  Annually  to  the  Western  State  Normal  School — That  in 
order  to  provide  additional  income  to  meet  the  additional  annual  ex- 
penditures of  each  of  said  institutions  respectively.  That  the  addi- 
tional sum  of  twenty  thousand  dollars  is  hereby  appropriated  for  the 
current  fiscal  year  and  for  each  succeeding  year  for  the  benefit  of  the 
'Eastern  Kentucky  State  Normal  School,  and  the  same  is  directed 
to  be  paid  by  the  Treasurer  of  the  State  to  the  treasurer  of  the  said 
Eastern  Kentucky  State  Normal  School  upon  warrant  or  warrants 
issued  by  the  Auditor  of  Public  Accounts,  who  is  hereby  directed  to 
draw  and  issue  said  warrants  for  the  purpose  aforesaid.  That  the 
additional  sum  of  thirty  thousand  dollars  is  hereby  appropriated  for 
the  current  fiscal  year  and  for  each  succeeding  year  for  the  benefit 
of  the  Western  Kentucky  State  Normal  School,  and  the  same  is  here- 
by directed  to  be  paid  annually  by  the  Treasurer  of  the  State  to  the 
treasurer  of  the  said  Western  Normal  School  upon  warrant  or  war- 
rants issued  by  the  Auditor  of  Public  Accounts  who  is  hereby  direct- 
ed to  draw  and  issue  said  warrants  for  the  purpose  aforesaid. 


Act  of  1912. 

§  495.— Appropriation  of  $35,000  for  Eastern  Normal  School — The 
additional  sum  of  thirty-five  thousand  dollars  is  hereby  appropriated 
for  the  current  official  year,  and  for  each  succeeding  year  for  the 
benefit  of  the  Eastern  Kentucky  State  Normal  School,  a  necessary 
part  of  which  appropriations  shall  be  used  to  meet  as  far  as  pos- 
sible, the  pressing  demands  for  agricultural  instruction,  for  instruc- 
tion in  household  economics  and  for  manual  training  in  the  respec- 
tive departments  of  said  institution,  and  the  same  is  directed  to  be 


164  SCHOOL  LAWS  OF  KENTUCKY. 

paid  by  the  treasurer  of  the  State  to  the  treasurer  of  the  said  Ken- 
tucky State  Normal  School,  upon  warrant  or  warrants  issued  by  the 
Auditor  of  Public  Accounts,  who  is  hereby  directed  to  draw  and  issue 
said  warrant  for  the  purpose  aforesaid. 

§  496. — Appropriation  of  $25,000  for  Western  'Normal  School. — 
That  the  additional  sum  of  twenty-five  thousand  dollars1  is  hereby  ap- 
propriated for  the  current  fiscal  year  and  for  each  succeeding  year 
for  the  benefit  of  the  Western  Kentucky  State  Normal  School,  a  nec- 
essary part  of  which  appropriations  can  be  used  to  meet  as  far  as 
possible  the  pressing  demands  for  agricultural  instruction,  for  in- 
structions in  household  economics  and  for  manual  training  in  the 
respective  'departments  of  said  institution,  and  the  same  is  directed 
to  be  paid  by  the  treasurer  of  the  State  to  the  treasurer  of  the  said 
Western  Kentucky  State  Normal  School,  upon  warrant  or  warrants 
issued  by  the  Auditor  of  Public  Accounts,  who  is  hereby  directed  to 
draw  and  issue  said  warrants  for  the  purpose  aforesaid. 

§  497. — Obligations  Not  to  be  Contracted — Penalties — That  it  shall 
be  illegal  for  any  officer,  trustee  or  any  person  in  any  way  connected 
with  the  Eastern  Kentucky  State  Normal  School,  the  Western  Ken- 
tucky State  Normal  School  or  the  State  University  of  Lexington, 
Kentucky,  to  contract  any  obligation  for  or  on  behalf  of  said  institu- 
tion, when  there  is  no  money,  or  sufficient  money,  in  their  respective 
treasuries  or  has  been  no  money  appropriated  for  the  purpose  for 
which  said  contract  or  obligation  was  made,  and,  that  any  of  the  said 
persons  who  fail  to  comply  with  this  law,  shall  be  fined  in  each 
case,  not  less  than  two  hundred  dollars,  nor  more  than  two  thousand 
dollars,  or  confined  not  less  than  ten  days  in  jail  nor  more  than  six 
months,  or  both  so  fined  and  impris'oned. 

§  498. — Statement  of  Facts — Whereas,  there  was  conveyed  to  the 
Commonwealth  of  Kentucky  for  the  use  of  the  Western  Kentucky 
State  Normal  School,  of  Bowling  Green,  Kentucky,  a  tract  of  land  by 
B.  F.  Cabell  and  wife,  another  by  E.  R.  Bagby  and  wife,  another  by 
James  D.  Hines  and  wife,  another  from  Pleasant  J.  Potter  College, 
another  from  Martha  J.  Lewis,  another  from  George  Wallace  Loving, 
et  al.,  another  from  Lon  D.  Hanes  and  wife,  another  from  J.  L.  Kol- 
lorohs  and  wife,  another  from  I.  D.  McGoodwin  and  wife,  another 
from  M.  H.  Crump  and  wife,  another  from  Carry  B.  Mitchell,  another 
from  B.  F.  Proctor  and  wife,  another  from  Daniel  McElwain  and  wife, 
by  deeds  all  of  which  are  now  of  record  in  the  clerk's1  office  of  the 
County  Court  of  Warren  County,  Kentucky;  and  whereas,  said  lands 
have  been  improved  and  valuable  buildings  have  been  erected  on 
said  lands  for  the  use  of  said  school,  and  whereas,  the  cost  of  said 
buildings  and  the  improvements  exceeded  the  funds  in  the  hands  of 
the  Board  of  Regents  of  said  school,  and  whereas,  the  Commonwealth 
of  Kentucky  has  not  sufficient  money  in  the  treasury  to  meet  said 
deficit  at  the  present  time,  and  whereas,  said  debt  is  due  laborers 
and  materialmen  who  are  not  able  to  wait  for  payment  of  same. 


SCHOOL  LAWS  OF  KENTUCKY.  16,5 

§  499.— Power  to  Sell  Property— That  the  title  to  all  of  said  real 
estate,  all  of  which  is  situated  in  Warren  County,  Kentucky,  be  and 
the  same  is  transferred  to  and  vested  in  the  corporation  known  as 
"The  Board  of  Regents  for  Normal  School  District  No.  2;"  and  that 
said  Board  of  Regents  be  and  it  is  hereby  empowered  to  sell  and  con- 
vey such  part  or  parts  of  the  said  real  estate  now  owned  as  in  its 
judgment  is  not  necessary  to  the  welfare  of  said  school.  Provided, 
that  no  conveniences  being  provided  for  shall  become  effective  until 
approved  by  the  Board  of  Sinking  Fund  Commissioners,  which  ap- 
proval shall  be  endorsed  upon  said  conveyance,  and  provided  further, 
that  all  funds  realized  from  any  sale  authorized  herein  shall  be  ap- 
plied to  the  payment  of  the  indebtedness  as  exists  against  said  West- 
ern Normal  School. 

§  500. — Money  May  be  Borrowed— And  it  is  also  authorized  and 
empowered  to  borrow  a  sum  of  money  sufficient  to  meet  and  pay  said 
deficit  or  debt  arising  by  reason  of  the  erection  of  said  buildings  and 
improvements  and  otherwise,  and  to  execute  its  notes  or  bonds  for 
the  amount  or  amounts  so  borrowed  and  to  secure  the  payment  of 
such  notes  or  bonds,  said  board  is  hereby  authorized  and  empowered 
to  execute  a  mortgage  upon  any  or  all  of  said  real  estate;  and  is  fur- 
ther authorized  and  empowered  to  borrow  said  money  upon  such 
time  or  terms  as  it  may  deem  best  for  said  school,  but  the  rate  of 
interest  paid  upon  any  such  loans  shall  not  exceed  six  per  cent  per 
annum,  which  interest  shall  be  paid  as  the  same  falls  due  by  the 
Commonwealth  of  Kentucky. 

§  501. — Interest  Paid  by  State  Auditor — The  chairman  and  secre- 
tary of  said  Board  of  Regents  shall  draw  their  warrants  for  said  in- 
terest installments  as  they  fall  due  on  the  Auditor  of  Public  Accounts, 
payable  to  the  treasurer  of  said  school,  and  upon  receipt  of  said 
draft  by  the  Auditor,  he  shall  draw  his  warrant  for  the  proper 
amount  upon  the  treasurer  of  the  State.  The  money  authorized  to 
be  paid  out  of  the  State  Treasury  by  this  act  shall  be  paid  out  of  the 
general  funds  not  otherwise  appropriated. 

§  502. — Emergency  Clause — Inasmuch  as  the  above  mentioned 
deficit  or  debt  is  chiefly  due  to  laborers  and  materialmen  who  have 
furnished  labor  and  materials  in  the  improvement  of  the  property  of 
the  State  of  Kentucky,  and  as  their  claims  are  long  since  past  due, 
therefore,  an  emergency  is  declared  to  exist  and  this  act  shall  take 
effect  and  be  in  force  from  and  after  its  passage  and  approval  by  the 
Governor. 


166  SCHOOL  LAWS  OF  KENTUCKY. 


CHAPTER    XXV. 
KENTUCKY    NORMAL   AND    INDUSTRIAL    INSTITUTE. 

§  503. — Board  of  Trustees — Term  of  Office  Three  Years  from  July 
1st. — Treasurer  Elected  Biennially — The  State  Normal  School  for 
Colored  Persons,  established  by  an  act  of  the  General  Asembly,  ap- 
proved May  eighteenth,  one  thousand  eight  hundred  and  eighty-six, 
shall  hereafter  be  under  the  control  and  supervision  of  a  board  of 
trustees,  composed  of  the  Superintendent  of  Public  Instruction,  who 
shall  be  ex-offlcio  chairman  of  the  board,  and  three  intelligent  and 
discreet  persons,  residents  of  Franklin  county,  to  be  appointed  by  the 
Governor  subject  to  the  approval  of  the  Senate,  who  are  hereby  con- 
stituted a  body-corporate,  with  power  to  sue  and  be  sued,  plead  and 
be  impleaded,  and  to  hold  in  trust  all  funds  and  property  now  own- 
ed by  said  school,  or  which  may  hereafter  be  provided  for  it,  and 
shall  be  known  and  designated  as  "The  Board  of  Trustees  of  the 
Kentucky  State  Normal  School  for  Colored  Persons."  The  term  of 
office  of  the  three  members  appointed  by  the  Governor  shall  begin 
on  the  first  day  of  July,  one  thousand  eight  hundred  and  ninety-three, 
and  one  member  thereof  shall  retire,  as  may  be  determined  by  lot,  at 
the  end  of  one  year  thereafter,  one  in  two  years,  and  the  other  in 
three  years;  their  successor  shall  be  appointed  by  the  Governor  for  a 
term  of  three  years;  they  shall  be  subject  to  removal  by  the  Gover- 
nor for  cause,  and  he  is  authorized  to  fill  all  vacancies  occurring  by 
death,  resignation  or  otherwise.  Said  board  shall  adopt  such  rules 
for  the  government  of  said  school,  not  inconsistent  with  law,  as  they 
deem  proper,  and  shall  supervise  all  its  interests,  provide  for  all  its 
wants,  confer  weekly  with  the  faculty,  and  require  formal  reports  of 
the  actual  condition  of  the  school  in  every  regard.  They  shall  bien- 
nially, beginning  on  the  first  day  of  July,  1893,  elect  some  suitable 
person  outside  of  their  own  number  as  treasurer,  who,  before  enter- 
ing on  his  duty  shall  give  bond  in  such  a  sum  as  they  may  prescribe, 
and  they  shall  agree  with  him  as  to  compensation:  Provided,  That  in 
no  case  shall  such  compensation  exceed  one  hundred  dollars  per 
annum. 

§  504.— Congress  Act,  July  2,  1862— There  shall  be  maintained  in 
said  institution  a  department  for  the  education  of  colored  students 
in  agriculture  and  the  mechanic  arts,  and  for  said  purposes  said  board 
shall  be  entitled  to  receive  an  equitable  division  of  the  moneys  aris- 
ing from  the  sale  of  public  lands,  and  appropriated  to  the  State  of 
Kentucky  by  an  act  of  Congress,  approved  August  30,  1890,  entitled 
"An  act  to  a'pply  a  portion  of  the  proceeds  of  public  lands  to  the  more 
complete  endowment  and  support  of  the  college  for  the  benefit  of 


SCHOOL  LAWS  OP  KENTUCKY.  167 

agriculture  and  the  mechanic  arts,  established  under  the  provisions  of 
an  act  of  Congress,"  approved  July  2,  1862. 

§  505.— Course  of  Study,  &c.— Said  board  shall  prescribe  the 
course  of  study  for  the  said  normal  school;  shall  select  the  instruc- 
tors and  fix  their  salaries,  and  shall  determine  the  conditions,  sub- 
ject to  the  limitations  hereinafter  specified,  on  which  pupils  shall  be 
admitted  to  the  privileges  of  the  school. 

§  506. — Admission  of  Pupils — Any  pupil  to  gain  admission  to  the 
privileges  of  instruction  in  said  normal  school,  shall  be  at  least  six- 
teen years  of  age,  possess  good  health,  satisfactory  evidence  of  good 
moral  character,  and  sign  a  written  pledge,  to  be  filed  with  the  prin- 
cipal, that  said  applicant  will,  as  far  as  practicable,  teach  in  the 
colored  common  schools  of  Kentucky  a  period  equal  to  twice  the  time 
spent  as  a  pupil  in  said  normal  school,  together  with  such  other  con- 
ditions as  the  board  may,  from  time  to  time,  impose.  But  no  such 
pledge  shall  be  required  of  pupils  who  matriculate  in  the  depart- 
ments' of  agriculture  or  mechanics. 

§  507. — Tuition — Tuition  in  said  normal  school  shall  be  free  to  all 
colored  residents  of  Kentucky  who  fulfill  the  conditions  as  set  forth 
in  the  preceding  section,  and  such  other  conditions  as  the  board  may 
require.  The  board  shall  fix  the  rate  of  tuition  and  the  conditions 
on  which  pupils,  who  are  residents  of  Kentucky,  may  be  admitted 
to  the  privileges  of  said  normal  school. 

§  508. — Christian  Morals — No  religious  tenets  shall  be  taught  in 
said  normal  school,  but  a  high  standard  of  Christian  morality  shall 
be  observed  in  its  management  and,  so  far  as  practicable,  shall  be 
inculcated  in  the  minds  of  the  pupils. 

§  509. — Biennial  Report — Annual  Report — The  board  shall,  in  a 
body  or  by  a  majority  of  their  number,  visit  .said  normal  school  once 
during  each  session,  witness  the  exercises',  and  otherwise  inspect  tha 
condition  of  said  school,  and  they  shall  make  a  biennial  report  to 
the  Legislature,  setting  forth  the  financial  and  scholastic  condition 
of  said  normal  school,  making  such  suggestions  as  in  their  opinion 
would  improve  the  same,  and  in  the  years'  in  which  there  is  no  ses- 
sion of  the  Legislature,  they  shall  make  their  report  to  the  Gover- 
nor. 

§  510.— Appropriation  $3,000 — The  sum  of  $3,000  shall  be  annually 
appropriated  out  of  the  State  treasury  to  pay  the  teachers  and  de- 
fray other  necessary  expenses  in  the  maintenance  of  said  normal 
school,  which  amount,  together  with  the  sum  received  under  the  pro- 
visions of  said  act  of  Congress,  shall  be  set  apart  and  be  known  and 
held  as  the  colored  normal  school  fund.  This  fund  shall  be  paid 
out  of  the  State  Treasury  only  on  the  warrant  of  the  Auditor,  drawn 
on  the  order  of  the  board. 

§  511. — Certificates  of  Proficiency—The  board  is  authorized  to 
grant,  from  time  to  time,  certificates  of  proficiency  to  such  pupils  as 
shall  have  completed  the  prescribed  course  of  study  in  any  depart- 


168  SCHOOL  LAWS  OF  KENTUCKY. 

ment  of  the  institution,  and  whose  moral  character  and  disciplinary 
relations  to  said  school  shall  be  satisfactory.  And  such  teachers  as 
shall  have  completed  the  prescribed  course  of  study  in  the  normal  de- 
partment, and  exhibited  satisfactory  evidence  of  ability  to  instruct 
and  manage  a  school,  shall  be  entitled  to  diplomas  appropriate  to  such 
degrees  as  the  board  shall  confer  upon  them,  which  diplomas  shall 
entitle  them  to  teach  in  any  of  the  colored  common  schools  of  this 
State.  (Approved  May  22,  1893.) 

§  512. — Change  Title — The  name  of  the  State  Normal  School  for 
Colored  Persons  is  hereby  changed  to  that  of  "The  Kentucky  Normal 
and  Industrial  Institute  for  Colored  Persons,"  and  its  board  of  trus- 
tees shall  be  known  as  "The  Board  of  Trustees  of  the  Kentucky  Nor- 
mal and  Industrial  Institute  for  Colored  Persons." 

§  513. — President — The  presiding  officer  of  the  institute,  who  shall 
be  selected  by  the  board  of  trustees  shall  be  styled  the  "President  of 
the  Institute,"  and  shall  be  the  chief  administrative  officer  of  the 
institution  under  the  control  of  the  board  of  trustee,  and  be  ex-officio 
a  member  of  the  board  of  trustees,  and  hold  his  office  indefinitely, 
at  the  will  of  the  said  board,  but  the  superintendent  shall  have  no 
vote  in  his  own  election  or  retention  in  office. 

§  514. — $15,000  Appropriated  for  Dormitory — The  sum  of  fifteen 
thousand  dollars  is  hereby  appropriated  for  the  purpose  of  building 
a  dormitory  for  the  use  of  the  female  pupils  of  the  State  Normal 
School  for  Colored  Persons,  to  be  paid  by  the  Auditor  of  Public 
Accounts  out  of  any  money  in  the  treasury  not  otherwise  appropriated 
on  the  written  order  of  the  chairman  of  the  board  of  trustees,  as  the 
work  progresses. 

§  515. — $5,000  Appropriated  for  Support — The  further  sum  of  five 
thousand  dollars  annually  is  hereby  appropriated  for  the  support  and 
conduct  of  said  institution,  to  be  paid  by  the  Auuditor  of  Public  Ac- 
counts out  of  any  money  in  the  treasury  not  otherwise  appropriated, 
on  the  written  order  of  the  chairman  of  the  board  of  trustees  at  the 
same  time  the  other  annual  appropriation  is  paid.  (Acts  1902.) 

§  516. — The  sum  of  twenty  thousand  dollars'  be  appropriated  for 
the  Kentucky  Normal  and  Industrial  Institute  for  Colored  Persons 
from  any  funds  in  the  Treasury  not  otherwise  appropriated,  for  the 
accomplishment  of  the  aforementioned  purposes,  to-wit:  The  comple- 
tion of  a  girls'  dormitory  with  satisfactory  and  economical  plan  of 
heating  and  lighting;  the  providing  of  water  for  ordinary  use  and  for 
fire  protection;  the  providing  for  industrial  training  to  the  end  that 
the  colored  youth  of  the  Commonwealth  may  be  trained  into  indus- 
trious habits  and  useful  trades1,  as  the  trustees  of  the  institution  may, 
in  their  wisdom,  decide  best  and  most  practical.  (Approved  March 
20,  1906.) 

§  517. — $40,000  Appropriated  for  Building,  &c. — The  sum  of  forty 
thousand  dollars,  or  as  much  as  may  be  necessary  thereof,  be,  and 


SCHOOL  LAWiS  OF  KENTUCKY.  169 

the  same  is  hereby,  appropriated  for  the  benefit  of  the  Kentucky 
Normal  and  Industrial  Institute  for  Colored  Persons,  Frankfort,  Ken- 
tucky, for  the  purpose  of  paying  the  outstanding  indebtedness  here- 
tofore incurred  in  the  purchase  of  agricultural  lands;  also  for  the 
erection  and  equipment  of  an  auditorium  and  practice  school;  also 
for  the  erection  and  equipment  of  a  mechanical  shop;  also  for  the 
erection  and  equipment  of  electric  light  and  heating  plants,  and  for 
the  further  extension  of  the  water  system  of  said  institution. 

§  518. — Additional  Grounds  May  Be  Purchased — If,  in  the  judg- 
ment of  the  said  board  of  trustees  the  purchase  of  additional  grounds 
may  be  necessary  for  the  accommodation  of  the  new  buildings  herein 
contemplated,  or  for  the  proper  conducting  of  said  institution,  they 
may  make  necessary  purchase  and  pay  for  the  same  out  of  the 
money  herein  appropriated.  (Approved  March  18,  1908.) 

§  519. — Appropriation  for  Buildings  $6,800. — Annual  Appropriation 
$3,000 — That  there  is  hereby  appropriated  out  of  the  general  revenue 
of  the  State  for  the  benefit  of  the  Kentucky  Normal  and  Industrial 
Institute  for  Colored  Persons  at  Frankfort,  Kentucky,  the  following 
named  sums  for  the  specific  purposes  named  and  set  out  herein,  as 
follows:  For  the  purpose  of  heating  the  administration  building  and 
purchasing  appropriate  apparatus  for  same,  the  sum  of  Four  Thou- 
sand Dollars  ($4,000.00)  is  hereby  appropriated.  For  the  purpose  of 
seating  the  auditorium  in  the  administration  building,  the  sum  of 
Sixteen  Hundred  Dollars  ($1,600.00)  is  hereby  appropriated.  For  the 
purpose  of  furnishing  the  President's  offices,  the  sum  of  Two  Hun- 
dred Dollars  ($200.00)  is  hereby  appropriated.  For  the  purpose  of 
furnishing  and  equipping  the  sewing  department,  the  sum  of  One  Hun- 
dred Dollars  ($100.00)  is  hereby  appropriated.  For  the  purpose  of 
furnishing  and  equipping  the  cooking  department,  the  sum  of  One 
Hundred  and  Fifty  Dollars  ($150.00)  is  hereby  appropriated.  For  the 
purpose  of  furnishing  and  equipping  one  room  for  the  model  school, 
the  sum  of  Fifty  Dollars  ($50.00)  is  hereby  appropriated.  For  the 
purpose  of  equipping  the  printing  department,  the  sum  of  Two  Hun- 
dred Dollars  ($200.00)  is  hereby  appropriated.  For  the  purpose  of 
equipping  the  mechanical  department,  the  sum  of  Two  Hundred  Dol- 
lars ($200.00)  is  hereby  appropriated.  For  the  purpose  of  equipping 
the  agricultural  department,  the  sum  of  Two  Hundred  Dollars  ($200.- 
00)  is  hereby  appropriated.  For  the  purpose  of  equipping  the  li- 
brary, the  sum  of  One  Hundred  Dollars  ($100.00)  is  hereby  appro- 
priated. WHEREAS,  There  are  now  valuable  buildings,  equipment 
and  other  property  without  any  maintenance  fund  for  the  care, 
growth  and  development  of  the  institution,  the  sum  of  Three  Thou- 
sand Dollars  ($3,000.00)  is  hereby  annually  appropriated  for  this 
purpose.  (Acts  of  1910.) 


170  SOBOOL  LAWS  OF  KENTUCKY. 

Act  of  1912. 

§  520. — Appropriation  of  $17,500  for  Kentucky  Normal  and  Indus- 
trial Institute — That  the  sum  of  seventeen  thousand  and  five  hundred 
dollars  ($17,500.00)  be  appropriated  to  The  Kentucky  Normal  and  In- 
dustrial Institute  for  Colored  Persons  from  any  funds  in  the  State 
Treasury  not  otherwise  appropriated  for  the  purpose  of  settling  an 
indebtedness  of  five  thousand  dollars  ($5,000.00)  a  central  heating 
plant,  eight  thousand  dollars  ($8,000.00);  a  laundry,  twenty-five  hun- 
dred dollars  ($2500.00). 

§  521. — Annual  Appropriation  of  $2,000 — That  the  sum  of  two  thou- 
sand dollars  ($2,000.00)  annually  be  appropriated  for  the  equipment 
and  maintenance  of  the  training  of  students  in  such  useful  trades  as 
the  Board  of  Trustees'  in  its  wisdom  may  direct. 

CHAPTER  XXVI. 
RULINGS  OF  THE  DEPARTMENT. 

When  a  graded  common  school  district  is  established  it  becomes 
a  permanent  corporation.  The  petition  to  the  county  judge  asking 
for  the  order  of  election  can  not  limit  the  time  the  proposed  graded 
school  district  is  to  exist.  The  organization  of  a  graded  school  dis- 
trict, authorizing  the  trustees  to  levy  a  tax  not  exceeding  the  sum 
named  in  the  petition,  does  not  make  the  levying  of  the  tax  obliga- 
tory on  the  board;  it  merely  clothes  them  with  the  power  to  levy 
each  year.  They  may  reduce  the  amount  of  the  levy  any  year,  or 
may  remit  it  entirely  for  any  year. 

The  failure  of  a  teacher  to  attend  the  county  institute  does  not 
forfeit  the  certificate,  but  merely  renders  it  forfeitable  in  case  no 
legal  excuse  is  given.  Before  a  certificate  is  revoked  for  a  failure 
to  attend  the  institute  the  teacher  should  be  given  notice  to  appear 
and  show  cause,  if  he  can,  why  the  certificate  should  not  be  revoked. 

An  applicant  for  a  certificate  must  be  not  less  than  eighteen  years 
of  age  at  the  time  he  takes  the  examination. 

The  examinations  for  common  school  graduation  provided  for 
under  Section  7,  School  Law,  must  be  held  on  prescribed  days  in 
January  and  May — not  on  other  days,  nor  in  other  months.  The 
questions  must  be  prepared  for  these  special  days  by  the  State  Board 
of  Examiners — not  by  superintendents  or  teachers,  nor  can  the 
questions  be  given  out  on  other  dates.  The  examination  must  be 
conducted  by  the  County  Board  of  Examiners  and  cannot,  therefore, 
be  conducted  at  various  places  by  various  persons.  My  opinion  is 
that  these  examinations  are  to  be  held  under  the  same  general  re- 
strictions as  the  examinations  of  teachers. 

State  Diplomas  and  other  certificates  of  qualification  to  teach  are 
to  be  granted  upon,  a  personal  examination  only,  and  on  the  days 
specified  In  the  law,  Jfg  special  examination  will  be  authorized, 


SCHOOL  LAWS  OF  KENTUCKY.  171 

Certificates  must  be  renewed  while  they  are  in  force — not  after 
they  expire. 

There  is  no  provision  in  the  law  for  a  "supplementary  check"  to 
cover  errors  in  the  census. 

A  teacher  is  paid  for  Institute  week  only  in  case  the  teacher  is 
in  actual  attendance  during  the  entire  session  and  the  Institute  is 
held  during  the  session  of  his  school — not  otherwise. 

All  matters  of  difference  and  doubt  touching  the  administrative 
duties  of  officers  and  teachers  of  the  District  and  Graded  Common 
Schools  of  a  county  are  to  be  decided  by  the  County  Superintendent. 
The  County  Superintendent  is  urged  to  meet  disputed  questions 
squarely  and  to  decide  them  promptly  and  in  conformity  to  law.  Such 
decisions  must  be  in  writing,  and  copies  of  them  should  be  kept  on 
file.  Appeals  can  then  be  taken  to  this  office  if  desired,  but  not  until 
the  County  Superintendent  has  rendered  an  opinion  as  noted. 

OPINIONS  OF  THE  ATTORNEY  GENERAL. 

Certificates — When  to  Renew — Certificates  must  be  renewed  while 
they  are  in  force  and  not  after  they  expire.  A  document  that  is  dead 
can  not  be  brought  to  life.  A  certificate  that  expires  May  24,  1908, 
can  not  be  renewed  by  the  County  Superintendent  on  May  25,  1908, 
and  the  same  is  applicable  to  State  certificates'  when  renewed  by  the 
Superintendent  of  Public  Instruction.  A  first  class  certificate  is 
good  for  four  calendar  years.  If  the  Legislature  had  intended  school 
years  they  would  have  used  the  term,  and  in  the  absence  of  some 
qualifying  word,  the  word  "year"  as  used  in  the  Statutes  means  365 
days. 

County  Examiner — The  office  of  teacher  is  not  incompatible  with 
the  office  of  County  Examiner.  A  teacher  can  be  a  member  of  the 
County  Board  of  Examiners  if  she  holds  a  first  class  county  certificate 
or  State  certificate,  or  State  diploma,  or  is  a  college  graduate. 

Denominational  Schools  not  Combined  with  Public  Schools— Under 
Sections  5  and  189  of  the  Constitution,  followed  by  Section  4368, 
Kentucky  Statutes,  it  is  our  opinion  that  no  consideration  of  any 
common  school  with  any  sectarian  school  can  ever  be  accomplished, 
and  that  no  State  fund  must  go  out  to  the  aid  of  any  such  school,  and 
that  no  connection  or  combination,  be  it  called  Common  School,  High 
School,  Graded  School,  College  or  University,  can  be  had  blending 
with  any  denominational  school.  The  American  idea  has  always  been 
a  complete  separation  of  Church  and  State,  in  order  that  we  might 
have  the  constitutional  guaranty  of  freedom  of  conscience  in  the  wor- 
ship of  God. 

Corporal  Punishment— There  is  no  law  in  this  State  prohibiting 
corporal  punishment  of  pupils  in  the  public  schools.  Of  course,  an 
unreasonable  infliction  of  punishment  upon  a  child  is  never  per- 
mitted and  the  inflictor  would  be  both  civilly  and  criminally  liable. 


172  SCHOOL  LAWiS  OF  KENTUCKY. 

County  Superintendent's  Salary — Extra  Pay  as  a  Member  of  the 
Board — The  County  Superintendent  does  not  receive  a  salary  of  three 
dollars  per  day  when  acting  as  chairman  of  the  County  Board  of  Edu- 
cation. He  is  a  member  by  virtue  of  his  office.  The  other  members 
are  entitled  to  their  per  diem. 

Sheriff's  Fees  For  Collecting  County  School  Tax— Sheriff's  fees  for 
collecting  the  county  school  tax  must  be  paid  out  of  the  county 
revenue,  and  not  from  the  revenue  for  school  purposes.  Every  dollar 
that  is  collected  for  county  school  purposes  must  go  to  the  treasurer 
of  the  County  Board  of  Education. 

Institutes — When  To  Be  Held— It  is  our  opinion  that  no  County 
Teachers'  Institute  can  be  held  legally  during  the  month  of  June, 

1909,  for  the  school  year  beginning  July  1,  1909,  and  ending  June  30, 

1910.  The  institutes  must  be  held  between  the  first  day  of  July  and 
the  first  day  of  November,  as  required  by  the  statute. 

Graded  School  Trustees  —  Vacancies  —  How  Filled  —  Where  a 
vacancy  occurs  by  the  removal  or  resignation  of  a  graded  school 
trustee,  same  is  to  be  filled  by  election  of  the  remaining  members 
of  the  board.  A  County  Superintendent  has  no  authority  to  remove  a 
graded  school  trustee,  and  if  guilty  of  misfeasance  or  malfeasance  in 
office,  he  may  be  removed  by  way  of  indictment  and  prosecution. 

Incompatible  Offices — No  person  who  is  a  trustee  of  a  common, 
graded  common,  or  city  school  can  hold  at  the  same  time  any  office 
of  trust  or  profit  of  the  Federal,  State,  county  or  municipal  govern- 
ment, nor  a  deputy  of  any  such  office.  These  offices  are  incompat- 
ible with  the  position  of  school  trustee  of  the  schools  named. 

Railroad  and  Bridge  Taxes — To  Whom  Paid — Fees  For  Collec- 
tion— Taxes  against  any  railroad  or  bridge  company  levied  in  any 
common  school  district  are  to  be  paid  to  the  sheriff  of  the  county, 
who  shall  receive  the  ordinary  collecting  statutory  fees  for  collect- 
ing same,  and  when  collected  must  be  by  him  paid  over  to  the  County 
Superintendent  under  the  provisions  of  Sections  4100,  4101  and  4129, 
Kentucky  Statutes. 

County  Board  of  Education — Power  to  Borrow  Money — Under  Sub- 
sections 11  and  12  of  Section  4426a,  Kentucky  Statutes,  County 
Boards  of  Education  have  the  implied  authority  to  borrow  money  or 
contract  other  indebtedness  for  school  purposes,  nor  to  exceed  the 
anticipated  revenue  for  school  purposes  for  the  current  fiscal  year. 

Vaccination — The  power  to  carry  out  enforced  vaccination  of 
school  children  is  derived  from  what  we  call  the  police  power  of  the 
State,  which  power  is  lodged  in  the  Legislature,  and  this  body  has 
the  power  to  pass  any  law  concerning  the  regulation  of  its  police 
matters  as  long  as  they  are  within  reason.  County  Boards  of  Health 
are  given  power  under  certain  acts  of  the  Legislature  to  control  vac- 
cination of  any  and  all  persons,  to  keep  down  the  spread  of  infectious 
diseases.  If  vaccination  of  school  children  is  necessary,  the  County 


SCHOOL,  LAWS  OF  KENTUCKY.  173 

Board  of  Health  has  power  to  enforce  this  regulation.  Nothing  can 
stand  in  the  way  of  its'  reasonable  enforcement. 

Teachers — Date  of  Election — Legal — Where  teachers  are  selected 
by  the  Division  Boards  on  the  last  Saturday  in  June,  and  a  vacancy 
thereafter  occurs  by  the  teacher  resigning,  or  from  other  cause,  the 
Division  Board  may  be  convened  at  any  time  by  the  call  of  the  chair- 
man to  fill  the  vacancy  thus  caused,  but  where  a  failure  to  elect  a 
teacher  on  the  last  Saturday  in  June  occurs,  the  last  Saturday  in 
July  following  is  as  early  as  an  election  can  be  held  for  a  teacher  for 
that  place.  It  is  not  a  vacancy,  but  a  failure  to  elect. 

Bond  Issue  in  Graded  School  District—When  Vote  May  Be  Taken 
— It  is  the  opinion  of  this  Department,  after  a  careful  review  of 
Article  10  of  Chapter  113,  Kentucky  Statutes,  that  the  Board  of  Trus- 
tees of  a  graded  common  school  district  may  within  a  period  of  less 
than  two  years  hold  more  than  one  election  upon  the  proposition  for 
the  issuing  of  bonds  of  the  district  for  the  purpose  of  providing  funds 
for  purchasing  suitable  grounds  and  buildings,  or  for  erecting  or  re- 
pairing suitable  buildings,  and  for  other  expenses  needful  in  conduct- 
ing a  graded  common  school  district. 

Superintendent  of  Public  Instruction — Power  to  Withhold  School 
Fund  for  Non-compliance  of  Law — I  am  of  the  opinion  that  where  it 
is  made  the  duty  of  the  county,  city,  district,  Board  of  Education, 
Board  of  Trustees  or  any  school  officer,  high  or  low,  or  teacher  in 
any  school,  to  do  or  not  to  do  certain  things,  by  any  valid  act  of  the 
Legislature  pertaining  to  the  common  school  system,  and  a  refusal 
or  non-compliance  of  that  law  is  had  upon  the  part  of  any  of  these 
parties,  the  Superintendent  of  Public  Instruction  has  the  power,  and 
should,  withhold  any  portion  of  the  public  school  fund  that  may  be 
due  the  said  party,  until  a  compliance  of  the  law  is  had. 

County  High  School — Establishment  of  With  Graded  School — 
Under  authority  of  Sub-section  8  of  Section  4426a,  Kentucky  Statutes, 
the  County  Board  of  Education  in  each  county  has  the  authority  to 
contract  with  the  Board  of  Trustees  of  any  graded  common  school 
in  the  county  for  the  purpose  of  placing  therewith  the  County  High 
School  or  County  High  School  pupils,  if  such  graded  school  meets 
the  requirements  of  the  State  Board  of  Education  as  a  high  school. 

Removal  of  Teacher— Low  Attendance  at  School— Section  4447, 
Kentucky  Statutes,  provides  that  a  teacher  may  be  dismissed  if  the 
percentage  of  attendance  in  the  district  falls  below  twenty-five  per 
cent,  of  the  total  number  of  pupil  children  therein.  It  is  the  opinion 
of  this  Department  that  any  attempt  upon  the  part  of  patrons  of  a 
subdistrict  to  withhold  pupils  from  attending  the  session  of  school 
in  the  district,  for  the  purpose  of  lowering  the  percentage  of  at- 
tendance so  as  to  dismiss  the  teacher,  is  in  manifest  violation  of 
the  statute,  and  the  non-attendance  of  pupils  is  not  a  sufficient  cause 
to  authorize  the  dismissal  of  the  teacher,  The  meaning  of  the 


174  SCHOOL  LAWiS  OF  KENTUCKY. 

statute  is  to  give  the  teacher  a  fair  and  square  chance  to  do  her 
duty.  If  she  fails  in  doing  it,  and  the  attendance  decreases  on  this 
account,  she  should  be  dismissed. 

Teachers  Must  Hojd  Certificate  of  Qualification — No  part  of  the 
State  school  fund  can  be  paid  to  any  teacher  for  any  service  ren- 
dered as  a  common  school  teacher  in  the  public  schools  of  this  State, 
unless  he  possesses  a  certificate  of  qualification,  properly  issued  by 
the  County  Board  of  Examiners,  local  Boards  of  Education,  or  other 
authority  authorized  by  law  to  grant  certificates  of  qualification.  Nor 
can  such  person  be  employed  by  any  Division  Board,  or  other  school 
authority  with  power  to  contract,  as  a  public  school  teacher,  and  no 
contract  can  be  entered  into  with  any  person  unless  she  holds  a 
certificate  of  qualification  at  the  time  of  the  making  of  the  contract. 

Graded  School — Petition  to  be  Approved  by  County  Board — This 
department  is  in  receipt  of  your  inquiry  desiring  to  know  whether  the 
petition  for  the  establishment  of  a  graded  common  school,  under  the 
provisions'  of  Article  10,  Chapter  113  of  Kentucky  Statutes,  should  be 
approved  by  the  County  Board  of  'Education  or  the  Division  Board 
of  Education.  It  is  the  opinion  of  this  department  that  the  petition 
should  be  approved  in  writing  and  signed  by  the  County  Board  of 
Education  in  its  proper  name,  together  with  the  approval,  in  writing, 
of  the  County  Superintendent  of  Schools,  before  it  should  be  pre- 
sented to  the  County  Judge  for  action,  and  that  the  County  Board  of 
Education  now  performs  all  duties  required  to  be  performed  in  the 
establishment  of  a  graded  school  district  by  the  trustees  of  any  com- 
mon school  district,  under  the  old  law. 

Chairman  and  Secretary  of  Division  Board  Chosen  for  One  Year — 
We  beg  to  advise  you  that  under  the  provisions  of  Sub-section  four 
of  Section  4426a,  Kentucky  Statutes,  the  Chairman  and  Secretary  of 
the  Division  Board  are  to  be  chosen  for  one  year.  The  Board  is  re- 
organized each  year  within  thirty  days  after  the  election  of  new 
trustees. 

Power  of  Sub-district  Trustee — It  is  his  duty  to  personally  super- 
vise a  school  in  his  district  and  to  report  the  needs  thereof  to  the 
Division  Board  of  his  educational  division  at  its  regular  meeting. 
The  sub-district  trustee  appears  to  have  no  authority  in  regard  to 
any  regulations  of  the  school  in  his  sub-district  further  than  to  re- 
port its  needs  to  the  Division  Board.  The  only  thing  that  he  can 
do  or  that  he  has  authority  to  do  under  sub-section  5,  which  embod- 
ies his  whole  duty,  is  to  take  the  school  census.  He  has  no  right  to 
dismiss  a  school  and  then  allow  the  teacher  to  count  the  time  as 
taught  on  account  of  a  contagious  disease  or  on  account  of  any  other 
fact.  Neither  does  he  have  the  right  to  fix  a  day  when  the  school 
shall  begin. 


SCHOOL  LAWS  OF  KENTUCKY.  175 


OPINIONS  OF  COURT  OF  APPEALS. 

An  act  making  the  regulations  as1  to  what  children  should  go  on 
the  pupil  list  in  cities  of  the  first  class  different  from  that  provided 
by  the  common  law  is  in  violation  of  the  constitution. 

The  salary  of  a  county  superintendent  is  not  subject  to  the  pay- 
ment of  a  judgment  against  him. 

Members  of  the  county  board  of  examiners  are  removable  at  the 
discretion  of  the  county  superintendent  without  assigning  any  cause. 

A  county  superintendent  has  no  right  to  interfere  with  the  elec- 
tion of  a  teacher. 

A  county  assessor  has  no  power  to  assess  railroad  property  for 
taxation  for  school  purposes. 

A  verbal  resignation  of  a  school  trustee  is  illegal. 

A  board  of  education  of  a  city  elected  by  secret  ballot  was  a  mere 
irregularity  and  does  not  invalidate  the  election. 

A  county  superintendent  has  no  authority  to  try  charges  against 
trustees  of  graded  common  schools. 

The  entire  management  of  graded  common  schools  is  left  with 
the  five  trustees. 

The  board  of  education  of  a  city  of  the  second  class  has  no  author- 
ity to  petition  county  court  to  submit  question  as  to  issuing  bonds 
for  s'chool  purposes  and  levying  a  tax. 

The  levy  of  taxes  in  second  class  cities  for  school  purposes  should 
be  only  for  fiscal  year  ending  December  31. 

The  vote  for  a  tax  for  a  graded  school  district  should  be  can- 
vassed by  the  election  commissioners  and  not  by  the  county  judge, 
clerk  and  sheriff. 

Persons'  in  charge  of  public  schools  have  authority  to  control  and 
expel  pupils,  and  the  courts  will  not  interfere  with  their  authority 
unless  the  power  is  exercised  arbitrarily  or  maliciously. 

Lands  lying  within  boundary  of  graded  school  districts  are  liable 
for  taxation,  although  the  owner  resides  outside  of  the  district.  Such 
land  is  not  liable  for  taxation  in  common  school  district  where 
owner  resides1. 

A  tax  levied  for  school  purposes  can  not  be  diverted  for  the  pur- 
pose of  establishing  a  public  library,  and  is  unconstitutional.  (24  R., 
98.) 

An  order  for  holding  an  election  to  establish  a  graded  school  dis- 
trict is  valid,  although  it  contains  a  clerical  misprision,  the  certifi- 
cates of  commissioners  who  counted  the  vote  is  sufficient  and  the 
regularity  of  such  election  is  presumed,  (34  R,,  164.) 


176  SCHOOL  LAWiS  OF  KE1NTUCKY. 

A  mandamus  lies  to  compel  board  of  commissioners  to  issue  a 
certificate  to  a  teacher,  but  does  not  lie  to  fix  average  of  teacher 
(24  R.,  835.) 

Taxes  raised  under  special  act  for  benefit  of  a  district  school  for 
whites  must  be  distributed  pro  rata  between  white  and  colored 
schools  under  general  law.  (24  R.,  1421.) 

It  is  proper  to  hold  an  election  for  organizing  a  graded  common 
school  on  a  day  other  than  a  regular  election  day,  and  such  election 
shall  be  held  viva  voce. 

A  payment  of  three  per  cent,  of  school  fund  of  cities  of  second 
class  for  the  benefit  of  a  public  library  is  unconstitutional.  (25  R., 
341.) 

Under  the  provisions  of  section  4409  of  the  Kentucky  Statutes, 
requiring  a  county  school  superintendent  to  make  a  settlement  of  his 
accounts  as  such  officer  with  the  county  judge  annually  on  or  before 
the  first  day  of  August,  such  an  officer,  who  disregards  the  statute 
and  refuses  to  make  a  settlement  until  after  that  date,  for  the  rea- 
son as  alleged,  that  he  has  lost  two  receipts  for  money  paid  out,  and 
is  waiting  to  obtain  duplicates',  is  guilty  of  wilfully  failing  to  settle 
and  is  liable  to  a  penalty  imposed  by  that  statute.  (25  R.,  669.) 

A  child  whose  parents  reside  outside  of  a  city  and  who  lives  in 
the  city  with  a  relative,  is  not  entitled  to  attend  the  public  school 
without  the  payment  of  tuition,  where  her  residence  with  her  rela- 
tive is  merely  voluntary  and  in  no  way  binding  either  on  her  or  her 
relative.  (25  R.,  723.) 

An  election  held  for  the  establishment  of  a  graded  school  district 
is  void,  if  the  petition  for  some  of  the  voters  fails'  to  fix  the  location 
of  the  school  house,  (25  R.,  307.) 

A  teacher  in  a  common  school  can  not  be  required  to  teach  special 
studies  not  provided  for  by  the  State  Board  of  Education  without 
additional  compensation,  unless  so  provided  for  in  her  contract  to 
teach  said  'school.  (27  R.,  967.) 

The  petition  authorized  to  be  filed  by  section  4464,  Kentucky 
Statutes,  asking  that  an  election  be  held  to  change  a  common  school 
district  into  a  graded  school  district,  shall  be  filed  in  the  county 
court  in  term  time,  and  the  order  for  an  election  be  made  at  a  sub- 
sequent term.  (27  R.,  1308.) 

An  incorporated  school  district  may  bring  an  action  for  delin- 
quent taxes.  (27  R.,  160.) 

A  tax  collected  by  a  city  for  school  district  which  it  forms  must 
be  appropriated  to  school  purposes  alone.  (27  R.,  697.) 

In  an  action  to  enforce  the  collection  of  a  school  tax  every  act  re- 
quired by  law  to  be  done  must  be  specifically  pleaded.  (27  R.,  991.) 

Where  the  trustees  of  a  graded  common  school  district  have,  by 
mistake,  made  a  levy  upon  property  not  in  the  district  and  collected 
the  tax,  they  may  make  a  levy  as  in  other  cases  provided  for  by 


SCHOOL  LAWiS  OF  KENTUCKY.  17? 

statute  for  the  purpose  of  raising  money  to  return  the  tax  so  col- 
lected by  mistake.     (28  R.,  162.) 

The  city  of  Latonia  having  become  a  fourth  class  city,  and  the 
City  Council  having  adopted  an  ordinance  establishing  a  system  of 
public  schools  for  the  city,  it  was  the  duty  of  the  trustees  of  the 
graded  school  district  to  surrender  the  school  property  to  the  Board 
of  Education  of  said  city.  (29  R.,  391.) 

A  teacher  did  not  sign  the  contract  as  teacher,  but  it  was  held 
valid  because  her  name  was  signed  to  it  by  her  authority;  she  was 
only  a  day  or  so  late  in  reaching  the  school,  which  delay  was  due 
to  floods.  The  meeting  of  the  trustees  at  the  time  of  her  employ- 
ment was  regularly  held  and  the  corporation  was  therefore  bound 
by  it.  An  injunction  was  the  proper  remedy  for  her  to  exercise  to 
prevent  another  from  teaching  the  school,  and  the  only  way  by 
which  she  could  obtain  relief.  (30  R.,  179.) 

Normal  schools  are  among  the  institutions  for  which,  under  the 
provisions  of  'section  184  of  the  Constitution,  the  Legislature  Is 
authorized  to  make  appropriations  for  without  submitting  the  ques- 
tion to  a  vote  of  the  people,  and  the  Act  of  March  21,  1906,  must  be 
held  valid.  (31  R.,  79.) 

Where  a  lot  was  donated  to  a  school  district  by  the  owner,  who 
gave  the  trustees  a  title  bond  therefor,  which  provides  that  "if  the 
trustees  fail  to  maintain  a  common  school  thereon,  it  should  revert 
to  the  owner,"  on  which  the  trustees  erected  and  maintained  a 
school  house  for  thirty  years,  with  the  exception  of  a  few  years'  inter- 
mission. The  owner  of  the  land  surrounding  the  school  house  sold 
and  conveyed  it,  without  excepting  the  lot  in  his  deed  to  the  pur- 
chaser, Held — That  the  title  as  well  as  the  possession  of  the  lot  was 
in  the  school  district,  as  set  out  in  the  title  bond.  (31  R.,  287.) 

The  domicile  of  the  father  is  the  domicile  of  his  infant  children, 
and  where  the  father  resides  in  a  school  district  his  children  within 
school  age  should  be  included  in  the  census  for  that  district  though 
they  may  be  temporarily  out  of  the  district.  (31  R.,  633.) 

An  appeal  involving  the  right  of  the  trustees  of  the  town  of  Hodg- 
enville  to  sell  the  school  house  which  had  been  built  by  taxation  pur- 
suant to  a  vote  of  the  citizens  of  the  town,  to  the  graded  common 
school  district  trustees,  such  school  having  been  created  by  a  vote  of 
the  people.  Held  under  section  3660,  Kentucky  Statutes,  the  board 
of  trustees  of  the  town  had  the  right  to  sell  this  property,  and  that 
they  could  use  their  discretion  as  to  the  terms  of  the  sale.  (32  R., 
716.) 

.Common  Schools — The  school  fund  can  not  be  applied  by  the  Leg- 
islature to  any  schools  except  those  actually  taught  by  teachers  qualj» 
fied  according  to  law  to  teach  in  districts  laid  out  by  authority  of  the 
§chopl  laws,  and  under  the  control  Qf  trustee^  ejected  U-Bdej-  those 


178  SCHOOL  LAWS  OF  (KENTUCKY. 

laws,  which  all  white  children  in  the  district  within  a  specified  age 
are  privileged  to  attend.  1874.  Collins  v.  Henderson,  &c.,  11  Bush,  74. 

Normal  Schools — No  appropriation  for  the  support  of  normal 
schools  can  be  constitutionally  made  out  of  the  school  fund.  1874. 
Collins  v.  Henderson,  &c.,  11  Bush,  75. 

Taxation — In  general,  taxation  must  be  equal  and  uniform,  but 
where  the  benefits  are  special  and  peculiar,  those  alone  who  receive 
the  benefits  may  be  made  to  pay  the  tax.  1874.  Marshall  v.  Dono- 
van, &c.,  10  Bush,  691. 

Taxation — Irregularity  in  Election — Where  a  tax  in  aid  of  com- 
mon schools  has  been  imposed  pursuant  to  an  election  held  for  that 
purpose,  the  burden  is  on  the  taxpayer,  who  resists  the  collection 
of  the  tax,  to  show  that  it  is  void.  A  mere  irregularity  in  conducting 
the  election  will  not  authorize  the  chancellor  to  interpose.  1881. 
Trustees,  &c.  v.  Garvey,  MS.  Opinion. 

Definite  ness — A  tax  of  twenty-five  cents  on  the  hundred  dollars 
is  sufficiently  definite.  Ib. 

Decision  of  County  Superintendent — The  decision  of  the  county 
superintendent  is  conclusive,  and  can  not  be  disturbed  by  court  ex- 
cept upon  the  ground  that  he  was  influenced  by  improper  motives. 
1890.  Brinsore  v.  Cottenham,  &c.,  Ky.  Law  Rep.,  720. 

Teacher  Compelled  to  Report — The  teacher  of  a  district  school 
may  by  mandamus  compel  the  trustee  to  make  to  the  commissioner 
the  report  necessary  to  enable  the  teacher  to  get  his  wages  from  the 
State.  The  fact  that  the  trustee  may  be  indicted  for  a  failure  to 
report,  and  is  liable  in  damages  to  any  one  injured  by  failure,  does 
not  exclude  the  remedy  by  mandamus.  (1885.  Jones,  &c.  v.  Strange, 
MS.  Opinion.) 

Attachments  of  Teachers'  Salary — Money  due  a  common  school 
teacher  can  not  be  attached  in  hands  of  commissioner.  1871.  Tracy, 
&c.  v.  Hornbuckle,  &c.,  8  Bush,  336.  1879.  Allen,  &c.  v.  Russell,  &c., 
78  Ky.,  116. 

Power  of  Legislature  over  School  Fund — The  General  Assembly 
has  no  power  to  devote  any  portion  of  the  school  fund  to  the  pay- 
ment of  teachers  not  acting  under  the  control  or  supervision  of  the 
officers  of  the  common  schools.  1872.  Halbert  v.  Sparks,  9  Bush, 
262. 

Taxation — Trustees  must  make  a  record  of  all  taxes  levied  when 
the  levy  is  ordered,  and  make  a  record  of  every  step  taken.  David- 
son v.  Sterett,^  Superior  Court,  March,  1892. 

School  Fund — Legislature  Can  Not  Divert — A  private  academy 
was  authorized  to  admit  such  pupils  from  the  common  school  dis- 
trict as  would  pay  tuition,  and  then  collect  the  pro  rata  of  these 
pupils  from  the  State  school  fund;;  and  also  to  exempt  such  person 
as  patronized  the  academy  from  strict  taxation.  Held — That  the 
act  was  unconstitutional  and  void.  Underwood  v.  Wood,  Co.  Supt., 
Ky.  Appellate  Court,  May  5,  1892. 


SCHOOL  LAWS  OF  KENTUCKY.  179 

Titles  to  Lands — Trustees  accepted  the  donation  of  land,  with 
revisionary  interest  in  donor,  in  case  the  land  should  ever  cease  to 
be  used  for  school  purposes;  and  levied  a  tax  to  be  used  to  build 
a  school  house  on  the  land,  but  exempted  the  donor  of  the  land 
from  this  tax.  A  taxpayer  in  the  district  resisted  the  payment  of  his 
taxes  because  the  trustees  had  not  a  fee-simple  title,  and  because 
they  exempted  the  donor  from  taxes.  Held — That  neither  plea  was 
good,  and  he  must  pay  his  taxes.  John  Goss  v.  Trustees  of  Dist.  25, 
Fayette  County,  Superior  Court,  April,  1893. 

Condemning  Land  for  School  House — The  trustees  of  District  7, 
Letcher  county,  selected  a  site  for  school  house;  the  owner  would 
not  sell;  they  applied  to  the  county  judge  for  a  writ  to  condemn  the 
land  for  school  purposes;  the  owner  answered  that  the  land  was  not 
at  the  center  of  district,  and  was  set  in  fruit  trees  and  in  use  as 
an  orchard;  the  county  judge  refused  to  Issue  a  writ  to  condemn 
the  land,  and  the  trustees  appealed  to  the  Circuit  Court  and  asked 
for  mandamus  to  compel  the  county  judge  to  issue  the  writ.  Held — 
That  the  decision  of  the  county  superintendent  as  to  the  site  of  a 
school  house,  though  final  as  to  contention  of  certain  parties  in  the 
district,  does  not  affect  the  rights  of  the  land  owner;  that  the  county 
judge,  acting  in  a  judicial  capacity,  had  the  right  to  refuse  the  writ, 
and  that  mandamus  was  not  the  proper  proceedings  to  set  aside 
his  decision.  Wright,  Trustee,  v.  Baker,  County  Judge,  Kentucky 
Appellate  Court,  May,  1893. 

Elections — The  petition  to  be  directed  to  the  county  judge  pre- 
liminary to  the  calling  of  an  election  taking  the  sense  of  the  voters 
of  a  proposed  graded  school  district  upon  the  proposition  whether 
or  not  they  will  vote  an  annual  tax  for  school  purposes,  should  be 
filed  with  the  county  judge  in  term  time,  and  the  election  therein 
provided  for  should  not  be  ordered  till  the  next  regular  term  of  the 
county  court.  99  Ky.,  11. 

School  Taxation — The  common  law  provides  that  the  railroad  tax 
shall  be  apportioned  between  the  white  and  colored  schools  in  the 
same  district,  but  this  provision  has  no  application  to  the  tax  upon 
upon  property  of  any  other  corporation.  In  the  taxation  of  private 
corporations  for  the  support  of  graded  schools  the  stock  owned  by 
colored  persons  is  liable  to  be  taxed  only  for  colored  schools,  and  that 
owned  by  white  persons  only  for  the  white  schools.  An  -agreement 
between  the  trustees  of  the  white  and  the  colored  schools,  respective- 
ly, for  an  apportionment  of  the  taxes  in  any  other  manner  than  that 
required  by  the  school  law  is  a  nullity.  18  Ky.  Law  Rep.,  103. 

Not  Subject  to  Assessment  For  Street  Improvements — The  prop- 
erty of  the  Louisville  School  Board,  held  by  it  for  the  use  of  the 
State  to  carry  on  this  system  of  common  schools  established  under 
the  Constitution,  can  not  be  subjected  to  pay  assessments  for  the 
cost  of  street  improvements,  <as  to  subject  it  to  such  assessment 


180  SCHOOL  LAWS  OF  KENTUCKY. 

would  be  to  appropriate  the  property  to  another  purpose  than  that  of 
the  school  system,  which  is  forbidden  by  the  Constitution. 

Liability  for  Work  Contracted — The  city  having  the  authority  to 
contract  for  the  work,  but  no  authority  to  make  it  a  charge  upon  the 
abutting  property  which  belonged  to  the  school  board,  it  was  liable 
to  the  contractor  for  the  cost  of  the  work.  18  Ky.  Law  Rep.,  124. 

School  Elections— As  the  charter  of  cities  of  the  fourth  class  does 
not  prescribe  the  secret  ballot  in  the  election  of  members  of  the 
board  of  education,  the  voting  should  be  viva  voce,  and  those  who 
are  qualified  to  vote  under  the  general  law  may  vote.  1897.  43  South- 
western Reporter,  421. 

Common  Schools — State  Fund — Ky.  Stat.  Sec.  4432,  provides  that 
a  city  which  maintains  under  special  law,  an  adequate  and  free  sys- 
tem of  schools,  is  entitled  to  a  portion  of  the  common  school  fund. 
Ky.  Stat.  Sec.  4433,  provides  that  the  general  law  does  not  affect  spe- 
cial laws  except  as  to  teachers  as  specified  in  Ky.  Stat.  Sec.  4428, 
which  section  provides  that  "no  district"  shall  include  more  than 
100  pupils1,  unless  it  contains  a  city,  *  *  *  or  there  be  established 
therein  a  high  school,  academy,  or  college  entitled  to  a  share  of 
the  revenue  of  the  common  school  fund,"  in  which  "cases  the  teacher 
or  teachers  of  such  high  school,  academy,  or  college  having  charge 
of  common  school  pupils  shall  hold  certificates  and  be  subject  to  all 
the  common  school  laws.  Held — That  unless  teachers  be  employed 
by  a  city  maintaining  a  school  system  under  special  law  conform  to 
the  common  school  standards  of  efficiency,  or  hold  certificates  under 
and  are  subject  to  the  common  school  laws,  the  city  is  not  entitled 
to  a  proportion  of  the  common  school  fund.  19  Ky.  Law  Rep.,  466; 
38  S.  W.  Rep.,  1066. 

Tax  Exemption — The  intent  and  spirit  of  an  act  of  the  General 
Assembly  providing  a  tax  upon  property  owned  by  white  persons  in 
a  designated  territory  for  the  purpose  of  maintaining  a  graded  school 
for  white  pupils,  is  manifestly  to  tax  all  property  save  that  of  black 
persons;  therefore,  a  corporation  seeking  an  exemption  from  the 
tax  must  show  that  its  corporators  and  stockholders1,  who  are  the 
real  owners  and  are  persons  having  color,  are  black  persons. 

Corporation — A  corporation  is  an  inhabitant  within  the  meaning 
of  an  act  taxing  the  property  of  inhabitants,  and  the  property  of  cor- 
porations may  be  taxed  under  an  act  which  authorizes  the  taxation 
of  the  property  of  persons.  16  Ky.  Law  Rep.,  283. 

The  County  School  Superintendent  has  power  to  canvass  the  re- 
turns and  decide  the  vote  on  a  school  election  in  a  graded  school 
district  for  the  issuance  of  bonds  to  raise  money  for  school  pur- 
poses. McGinnis  v.  Board  of  Trustees,  &c.,  108  S.  W.,  289. 

Trustees  (or  other  governing  body)  of  a  school  district  or  dis- 
tricts can  only  bind  the  district  by  a  corporate  meeting  held  as  pro- 


SCHOOL  LAWS  OF  KENTUCKY.  181 

vided  by  law,  and  the  acts  must  be  valid  acts  of  that  body.  Cooke,  et 
al  v.  District  No.  7,  &c.,  Ill  S.  W.,  688. 

An  order  by  the  County  Superintendent  of  Schools  that  school 
districts  shall  be  so  changed  as  to  include  a  specified  person  in  Dis- 
trict No.  42,  and  exclude  him  from  District  No.  47,  changed  the  boun- 
dary between  the  two  districts  so  as  to  include  such  person's  farm 
in  its  entirety  within  District  No.  42,  transferring  his  tenants  to  that 
district.  Farmer  v.  Pace,  116  S.  W.,  324. 

An  election  to  establish  a  graded  school  district  is  not  invalid 
because  certain  persons  not  qualified  were  permitted  to  vote  where 
the  result  of  the  election  would  not  be  affected  if  all  of  the  objection- 
able votes  were  deducted  from  those  received  by  the  prevailing  side. 
It  is  the  policy  of  the  law  to  uphold  elections  for  the  purpose  of  ad- 
vancing the  educational  interests  of  the  children  of  the  State,  and 
not  to  annul  them  for  light  and  trivial  causes;  and  mere  irregulari- 
ties in  the  conduct  of  an  election,  which  do  not  deprive  the  citizens 
of  the  full  and  fair  opportunity  of  exercising  their  right  of  suffrage 
in  regard  thereto,  are  not  sufficient  to  annul  the  election.  Taylor  v. 
Sparks,  118  S.  W.,  970. 

The  Sullivan  School  Act  of  March  24,  1908,  is  constitutional  and 
it  is  mandatory  upon  the  Fiscal  Court  to  levy  a  school  tax  for  the 
amount  asked  for  by  the  County  Board  of  [Education.  Prowse,  &c. 
v.  County  Board  of  Education,  120  S.  W.,  307. 

Section  4464,  Kentucky  Statutes,  providing  that  no  point  on  the 
boundary  of  the  proposed  graded  school  district  shall  be  more  than 
two  and  one-half  miles  from  the  site  of  its  proposed  school  house, 
&c.,  when  considered  in  connection  with  Section  4481,  authorizing 
the  trustees  to  order  an  election  to  submit  the  question  of  the  issu- 
ance of  bonds  to  provide  grounds  and  buildings,  &c.,  and  Section 
4439,  authorizing  proceedings  to  condemn  a  site  for  a  school  house 
not  exceeding  one  acre,  requires  that  the  two  and  one-half  mile 
boundary  of  a  graded  common  school  district  shall  be  measured  from 
the  outer  boundary  of  the  site  of  the  school  building,  provided  the 
site  does  not  exceed  one  acre.  Clear  Springs  Distilling  Co.  v.  Board 
of  Trustees,  122  S.  W.,  527. 

The  effect  of  the  prohibition  of  the  Act  of  1908,  in  re  enacting  Sec- 
tions 4464-4500a,  Kentucky  Statutes,  as  a  part  thereof,  graded  school 
districts  operating  under  special  charter  or  established  by  popular 
vote,  remain  unaffected  by  the  Act  of  1908  in  their  boundaries,  govern- 
ment and  regulation;  but  under  the  Act  of  1908,  providing  that  all 
resident  males  over  twenty-one  years  of  age  shall  have  the  right  to 
vote  at  elections,  women  are  no  longer  entitled  to  vote  in  graded 
common  school  elections.  Jeffries,  &c.  v.  Board  of  Trustees,  122  S. 
W.,  802. 

Fiscal  Court  Compelled  to  Make  Levy— The  Board  of  Education 
lias  control  of  the  educational  interests  and  needs  of  the  county,  and 


182  SCHOOL,  LAWS  OF  KENTUCKY. 

it  is  the  duty  of  the  Board  before  asking  the  Fiscal  Court  to  make 
a  levy  for  educational  purposes  to  estimate  the  amount  that  in  tiie 
judgment  of  the  Board  may  be  needed  for  these  purposes.  And  when 
the  Board  of  Education  requests  the  Fiscal  Court  to  levy  a  property 
and  capitation  tax,  within  the  statutory  limit,  it  is  the  duty  of  the 
Fiscal  Court  to  levy  the  property  and  capitation  tax  requested  by  the 
Board,  if  it  is  within  the  statutory  limit.  The  Fiscal  Court  has  no 
discretion  to  exercise  on  this  subject.  It  must  lay  the  levy  demanded. 
(Fiscal  Court  vs.  Board  of  Education  of  Logan  County,  April  28, 
1910.) 

Sheriff's  Commission  For  Collecting  Taxes — The  question  involved 
in  this  appeal  is  the  amount  of  commissions  due  the  sheriff  for  col- 
lecting the  school  tax  of  Ballard  County.  The  officer  claims  that  he 
is  entitled  to  ten  per  cent  commission  on  the  first  five  thousand  dol- 
lars and  four  per  cent  on  the  remainder,  whereas,  the  Fiscal  Court 
held  that  the  county  tax  and  the  county  school  tax  constituted  one 
fund,  and  allowed  the  sheriff  commissions  of  10  per  cent  on  the 
first  five  thousand  dollars  and  4  per  cent  on  the  remainder  of  the 
aggregate  amount  collected  by  him.  *  *  *  The  Fiscal  Court  are 
clearly  right  in  their  construction  *  *  *  This  court  has  often 
held  that  all  of  the  taxes  collected  by  a  county,  constitute  one  fund 
and  that  in  estimating  the  sheriff's  commissions  for  collecting  them, 
he  is  to  be  allowed  commissions  on  them  as  a  single  fund.  (Hill 
v.  Ballard  County,  Sept.  30,  1910.) 

Sheriff's  Commission — How  Paid — Appellant,  as  Sheriff  of  Lincoln 
County  was  collector  of  the  county  tax  levy  of  1909.  He  claims  in 
this  suit  that  he  is  entitled  to  retain  of  the  sum  collected  ten  per 
cent  on  the  first  five  thousand  dollars;  or  in  any  event  four  per  cent 
of  the  sum  collected  *  *  *  The  court  held  that  his  compensation 
may  not  be  taken  from  the  school  fund.  He  must  pay  over  the 
whole  amount  of  the  sum  collected  for  school  purposes  to  the  Board 
of  Education.  His  pay  is  a  charge  against  the  general  expense 
fund  of  the  county.  The  amount  required  to  be  raised  for  educa- 
tion is  net,  and  the  costs  of  collection  must  be  added  by  the  Fiscal 
Court  and  provided  for  out  of  the  general  fund,  as  are  other  county 
general  expenses.  The  sheriff's  commission  must  be  allowed  by  the 
Fiscal  Court  upon  his  settlement  with  that  body.  It  was  not  com- 
petent for  the  Board  of  Education  to  pass  on  it,  or  to  anticipate  the 
action  of  the  Fiscal  Court,  much  less  was  it  competent  for  the  Board 
to  apply  funds  raised  expressly  for  educational  purposes,  to  the 
payment  of  an  item  of  general  expense  against  the  county.  The 
Constitution  forbids  it.  The  judgment  required  the  Sheriff  to  pay  over 
the  whole  sum  collected  for  school  purposes  is  formed.  (Hill  v. 
County  Board  of  Education  of  Lincoln  County.) 

Certificates— Third  Class — The  question  presented,  is,  does  a  cer- 
tificate of  qualification  of  the  third  class  entitle  the  holder  to  teaci 


SCHOOL  LAWS  OF  KENTUCKY.  183 

as  assistant  teacher  in  a  district  reporting  fifty-five  or  more  pupil 
children?  Plaintiff  was  employed  by  the  trustees  because  the  school 
required  an  assistant.  His  case,  therefore,  falls  within  the  lan- 
guage of  the  closing  part  of  that  Section,  which  says:  "When  the 
school  shall  require  an  assistant  to  serve  regularly  at  a  salary,  such 
assistant  shall  hold  a  certificate  of  qualification,  and  be  employed 
by  the  trustees."  As  this  section  makes  it  necessary  for  the  assist- 
ant teacher  to  have  a  certificate  of  qualification,  but  does  not  specify 
its  class,  resort  must  be  had  to  Section  4503,  supra,  which  clearly 
provides  that  the  holder  of  a  certificate  of  the  third  class  shall  not 
be  entitled  to  teach  in  any  district  reporting  fifty-five  or  more  pupil 
children.  We,  therefore,  conclude  that  plaintiff  was  not  entitled  to 
teach  in  the  school  in  question.  Therefore  he  taught  when  he  had 
no  right  to  teach,  and  is  not  entitled  to  recover  compensation,  for  it 
is  well  settled  that  the  performance  of  the  duties  of  an  office  by  one 
who  holds  the  office  without  right,  will  not  estop  the  State  from 
resisting  his  claim  for  compensation.  (Flanary,  County  Superintend- 
ent v.  Barrett,  Feb.  9,  1912.) 

Location  of  County  High  School — Williamstown  is  the  county  seat 
of  Grant  County,  and  it  is  contended  that  the  statute  above  quoted 
imperatively  requires  that  the  first  county  high  school  should  be 
located  at  the  county  seat,  if  there  is  not  already  existing  in  the 
county  seat  a  high  school  of  the  required  grade,  and  that  since  the 
high  school  established  at  Williamstown  was  subsequent  to  the  two 
established  at  Dry  Ridge  and  Crittenden,  the  last  two  named  schools 
have  not  been  legally  established.  This  construction  of  the  statute 
would  require  us  to  say  that  its  provisions  as  to  the  location  of  the 
first  county  high  school  at  the  county  seat  is  mandatory  and  not 
directory  merely.  If  it  is  mandatory,  the  contention  of  appellant  is 
sound;  but,  if  the  statute  is  directory  merely,  the  failure  of  the 
trustees'  to  follow  the  statute  according  to  its  precise ,  terms,  will  not 
invalidate  their  action,  if  the  statute  has  been  otherwise  substan- 
tially complied  with.  We  do  not  think  the  statute  is  mandatory  in 
its  character.  Its  primary  purpose  was  to  provide  high  schools  for 
the  county;  and,  in  carrying  out  that  purpose  the  Board  of  Educa- 
tion was  directed  to  establish  the  first  county  high  school  at  the 
county  seat,  if  there  as  not  already  such  a  school  there  located.  It 
is  the  duty  of  the  Board  to  follow  the  statute;  but  if,  in  carrying 
out  the  directions  of  a  statute,  which  is  directory  only,  they  fail  to 
comply  strictly  with  its  provisions,  their  acts  are  not  void,  but  are 
irregular  only.  Under  this  view  of  the  case,  we  are  of  opinion  that 
the  establishment  of  the  two  county  high  schools  at  Dry  Ridge  and 
at  Crittenden  were  legal.  (Grant  County  Board  of  Education,  et  al 
y.  Chandler.) 


INDEX 


Page 
ACCOUNTS— 

Kept  by  Supt.  of  Public  Instruction. 12 

ABSTRACTS— 

Of  Court  of  Appeals,  Decision 170,  183 

AFFIDAVIT— 

Of   Examiners    27 

AGRICULTURAL   AND    MECHANICAL   COLLEGE— 
(See   State  University.) 
Tax  to  remain  until  changed  by  law 1 

APPLICANT— 

To   possess   good   moral   character 28 

ASSISTANT  TEACHER— 

May    be    employed    • 5 

Qualifications    5 

Salary    .    ,    5 

ATTORNEY-GENERAL— 

Opinions    of    171 

Opinion   of   to   be   filed 13 

To  advise  Supt.  of  Public  Instruction 13 

AUDITOR  OF  PUBLIC  ACCOUNTS— 

To   distribute   school   funds    8 

To  furnish  data  to  ascertain  per  capita 8 

To  transfer  Dog  Tax  Fund  to  County  School  Fund 7 

BIENNIAL  REPORT— 

Number,    etc 12 

Of  Supt.  of  Public  Instruction 12 

To    be    furnished    General    Assembly 12 

BLANKS— 

Supplied  by  State  Superintendent  and  Teachers 32 


186  INDEX. 

Page 
BONDS— 

Contractors  for  text  books  to  give 36 

To  be  approved  by  Attorney-General    36 

Graded  School — 

How    issued    61 

Interest    on    limited    G6 

Provisions  concerning   . 67 

Recover    on    39 

May  be  voted  by  county    51 

Commission  appointed  by  County  Judge 51 

Powers    and    Duties    51 

Employees  to  give  bond 52 

School  Houses  to  be  built 52 

Plans  to  be  made   52 

Contract  to  be  let  to  lowest  bidder 52 

Property   may  be   acquired    52 

May   be   sold 52 

Depository   to  be   selected 52 

Expenses   to   be   paid 53 

Fiscal  Court  to  make  levy ., .  53 

Title    to   property    53 

Where  vested   53 

County    Attorney    to    advise 54 

BOND  OF  COMMONWEALTH— 

To  issue   1,  6 

BOOKS— 

Certain  kinds  not  allowed  where 71 

For   county   library    71 

BOUNDARIES— 

Changed    by    whom    41 

Change  of  in  graded  schools  powers  of  Trustees1 55,  57 

New,   in  graded   schools    54 

Of  educational  divisions   41 

Of  Graded  Schools- 
Change   of    55,  57 

Include   what    55,  57 

How  established    55,  57 

Of  Graded  Schools  in  Territory  with  Adjacent  County- 
Established  how    55 

Change  of ' 55 

Limits    55 

County  Superintendent  to  report  to  railroads 25 


INDEX.  187 

Page 
BY-LAWS— 

Of   graded   school   Trustees 59 

CAMPAIGN  FUND— 

Contractors  of  text  books  not  to  subscribe  to  penalty 39 

CENSUS— 

Compensation  of  Trustee   47 

County  Supt.  to  take — when   19 

Cost  paid  by  county 19 

To  recover  same  from  Trustee 19 

Salary  of  County  Supt.  based  upon 18,  23 

Time  of  taking  19 

When  taken    43 

Who  to  take    43 

CERTIFICATES— 

Access  to  questions    26,  31 

Drunkenness  of  applicant,   etc 26,  31 

Grades  of,  in  common  schools 26,  31 

Improper   granting   of   penalty 26,  31 

Moral  character  of  applicant  27 

Not  to  be  issued  in  presence  of  applicant 27 

Of  completion  of  common  school  course 5 

Who  entitled  to  receive 5 

CHILD  LABOR  ACT— 

Appointment  of  Labor  Inspector 79 

His   duties    79 

Becomes  effective  when   85 

Children  not  to  be  employed 79,  84 

Condition  of  walls    84,  90 

Copies  to  be  posted  where 84,  90 

Dangerous  machinery  to  be  guarded 84,  89 

Duties  of  Truant  Officers  under 79 

Duties  of  Employes  under 

Employment,  children  not  to  be  employed 79 

Employment  certificate  to  describe  child 

Examination   of   children    

Evidence  of  child's  age  

Law  of  1906   repealed 

Names  of  children  employed  to  be  furnished 

Labor  Inspector    

Penalties   for  violating   act 82,  84 

Powers  of  Grand  Jury  under 84 


188  INDEX. 

Page 

CHILD  LABOR  ACT— Continued- 
Procedure  in  absence  of  school  record 81 

Seats  provided  for  girls 84 

Wash  rooms   and   closets 84 

What  school  record  to  contain 81,  86 

When  employment  certificate  not  to  be  issued 80 

Who  to  approve  certificate 80 

CHILDREN— 

Absentees  to  be  reported  to  Truant  Officer 77 

Both  white  and  colored  included 41 

Committed  to  Parental  or  Truancy  School 77 

Employment  certificate  to  describe 81,  86 

Census  of  illiterates  to  be  taken 43 

Examination   of    79 

Evidence  as  to  age  79 

List  to  be  furnished  to  whom 77 

Must  attend  school   72 

Names  of  employed  furnished  Labor  Inspector 82 

Not  to  engage  in  certain  employments 83 

Penalty  for  failure  to  send  to  school 72 

Penalty  for  making  false  statement  concerning 72 

Record  of  age  under  Truancy  Law  -. 72 

Under  Fourteen  Not  to  be  employed — when 78 

When  to  be  enrolled  and  compelled  to  attend  city  schools  72 

CHURCH  AND  STATE— 

To  be  separate   3 

CITY  SCHOOLS— 

Graded    schools   provisions   concerning 65,66 

CITIES  OF  THE  FIRST  CLASS— 

Advertisement  for  supplies 93 

Appointment  of  officers  90 

Apportionment  of  revenues   95 

Appropriation  of  money   97,  93 

Board  of  Education — 

Election    86 

Powers  and   duties    87 

Eligibility 88 

Compensation    88 

Term  of  office  88 

Vacancies — how  filled    89 

Must   surrender   school   property 89 

Books  to  be  audited    98 


INDEX.  189 

Page 

CITIES  OF  THE  FIRST  CLASS— Continued- 
Business  Director — 

Compensation — duties   A    91 

Bond  to  be  given 92 

Report  to  be  made 96 

Appointment    of   janitors    92 

Census  to  be  taken   96,  98 

Certificate  of  teachers   98 

Charges  against  officers 97 

Contracts  to  lowest  bidders   92 

Depositaries  to  be  selected  94 

Election — 

By   secret   ballot    88 

General  election  law  to  control  88 

Members  to  be  voted  for 89 

Kindergartens — 

Power  to  establish    96 

Money  may  be  borrowed   94 

Organization  of  board    89 

Penalty   89,  97 

Perequisites    98 

Property  to  escheat  95 

Punishment  of  members   98 

Pupils — 

Qualifications   96 

Admitted  from  beyond  city  96 

Real  Estate — 

Power  to  purchase  or  condemn 87 

Record  of  Proceedings   98 

Religious   Instruction   prohibited    96 

Repealing   claus'e 98 

Reports  to  be  made   97 

Rules   and  By-laws    90 

School    fund     95 

Secretary  and  Treasurer  to  be  appointed 92 

Seperate  schools — white  and  colored  96 

Supenintendent  of  schools — 

Appointment  90 

Powers  and   duties    90 

Text  book  adoption    98 

Tax  Levy — 

Duty   of  Board    94 

Duties  of  Officers  as  to  collection   95 

Bonds  may  be  issued   100 


190  INDEX. 

CITIES  OF  THE  FIRST  CLASS— Continued—  Page 

Annuity  fund  may  be  granted  101 

Board  of  Trustees  to  control   102 

Powers  and  duties    102 

Revenues — Investment — Rules   103 

Sinking  fund  to  be  provided 104 

Manner  of  distribution 105 

Teachers  entitled  to  fund    105 

Trustees  to  make  rules  and  by-laws  106 

Not  subject  to  process   107 

May  be  discontinued  for  cause   107 

Parental  Home  and  School  Commission   108 

Powers  and  Duties    109 

CITIES   OF  THE   SECOND   CLASS— 

Board  of  Education   108 

Powers   and   duties    108 

Real  estate — power  to  purchase   109 

Qualification  of  members    109 

Oath  of  office   110 

Compensation 110 

Election  by  secret  ballot   110 

Time  of  election    112 

Vacancy— how  filled 113 

Old  Board  to  surrender  office   113 

Superintendent   may   be   appointed 114 

Powers'  and   duties    114 

Business  Director    < . . .  115 

Powers   and   duties    115 

Bond  to  be  given  115 

Employees  116 

Buildings — Contracts  for   116 

Bids  to  be  received  116 

Supplies — Contract  to  be  awarded   116 

Funds  to  be  deposited 117 

Revenue — apportionment    117 

Board  of  Education   118 

Power  to  borrow  money 118 

Tax  levy   118 

Treasurer  to  collect  taxes 118 

Power  to  purchase  site   119 

Escheated   bonds    120 

Expert  accountant  may  be  employed  120 

Kindergarten — Power  to  establish   120 

Examination  of  teachers 121 

Religious  dogmas   121 

Reports  to  be  made  121 


INDEX.  191 

Page 
CITIES  OF  THE  THIRD  CLASS— 

Public  schools  in   123 

Board  of  Education  » 123 

Appointment  of  officers   .,. 124 

Appointment   of  teachers    124 

Election  of 123 

Estimate  of  expense 125 

Funds — vested  in    124 

How   paid    126 

Issue  of  certificate  124 

Indebtedness    126 

Library  established    126 

Levy  and   collection  of  taxes 125 

Non-resident  pupils 126 

Oath  of  Trustee   125 

Power  to  purchase  and  build 124 

President   of    126 

Qualifications    of 123 

How    determined    124 

Reports  of 125 

Seperate  school  maintained   125 

Time  of  meeting   123 

Text-books' — adoption   of    120 

Treasurer — powers  of  and  duties   121 

Vacancies— how  filled  119 

CITIES  OF  THE  FOURTH   CLASS— 

Public  schools  in   127, 133 

Board  of  Education  127 

Appropriation  of  money  130 

Election  of  officers  and  teachers 128 

Estimate  of  expenses   129 

Funds — how  vested   128 

Control  of   130 

Indebtedness 130 

Issue  certificates «• 129 

Library— establishment  of  130 

Levy  and  collection  of  taxes 

Qualifications  of   

Non-resident  pupils 

Not  to  be  interested  in  what 

Oath  of  Trustee 

Powers  and  duties  of  

Power  to  convey   

Power  to  establish  schools  


192  INDEX. 

Page 

CITIES  OF  THE  FOURTH  CLASS— Continued- 
President — 

Election  of   130 

Reports  of    129 

Seperate  schools  to  be  had   130 

Text-books — adoption   of    129 

Treasurer — power  and  duties    130 

White  and  colored  schools   129 

COLORED  CHILDREN— 

Included    1,  2,  25,  41 

COLORED  GRADED  SCHOOLS— 

Provisions  concerning   64 

COLORED  NORMAL  SCHOOLS— 

Admission  of  pupils  165 

Appropriation  for    166, 167,  168, 170 

Board  of  Trustees — 

Certificate  granted  by 166 

Composed  of  whom  164 

Course  of  study  prescribed   165 

May  purchase  additional  grounds  167 

Report — Biennial    165 

Report— annual    165 

Term  of  office    1G4 

Treasurer  elected  by    164 

Bonds    ' 1G4 

Duties   164 

Congressional  act  of  1862   164 

Morals,    etc 165 

President  of — how  selected 166 

Title  changed 166 

Tuition,    etc 165 

COMMON  SCHOOLS— 

Defined  4 

Efficient  system  to  be  had  1 

Generay  Assembly  to  provide   1 

COMMON  SCHOOL  LAWS— 

Edited  by   State   Superintendent  of  Public  Instruction — 

When    12, 13 

To  be  read  and  expounded  in  Teacher's  Institute 70 

CONSCIENCE— 

Freedom  of  to  be  had..  3 


INDEX.  193 

CONSOLIDATION—  Page 

Of   subdistricts— When    48,  50 

County  Board  may  lay  off  districts  and  vote  tax 50 

I 

CONSOLIDATED  SCHOOLS— 

Provisions   concerning    48-50 

CONTRACTS— 

Teachers'    in   duplicate    44 

Teachers'  to  be  in  writing 44 

COURSE  OF  STUDY— 

In  Common  Schools  10 

COUNTY— 

Compose  school  district  41 

Divided   into  divisions    42 

Number    42 

When 41 

Who   to   divide    46 

COUNTY  ATTORNEY— 

Meet  with  County  Superintendent  41 

Assist  in  dividing  county ' 41 

COUNTY  BOARD  OF  EDUCATION— 

Body    politic     47 

Chairman    of — who    44 

Compensation  of  members   47 

Duties  and  powers  concerning  County  High  Schools 44,  47 

Estimate  tax    ' 45 

How  composed 44 

May  assume  indebtedness 47-50 

Members  not  to  be  interested  in  what  48 

Members  to  inspect  schools  48 

Money  expended  how  47 

Power  to  condemn  lands   47 

Power  to  establish  and  change  subdistricts 47 

Power  to  purchase,  lease  and  rent  sites 47 

Power  over  county  High  Schools  44 

Sue  and  be  sued  47 

To  employ  High  School  teachers  47 

To  establish  county  High  Schools 

To  receive  gifts,  etc.— duties  concerning  

Title  of  property  vested  in 

When  to  meet    48 


194  INDEX. 

COUNTY  BOARD  OF  EXAMINERS—       ;    "  Page 

Appointment  of .  26 

Compensation   of    38 

Duties  of 26-35 

Eligibility  of    26 

Oath  of — To  be  filed  in  the  clerk's  office 26 

Qualifications    of    26 

Satisfied  as  to  character  of  applicant   27 

To  exclude  other  persons 27 

To  make  rules  governing  district  libraries  27 

COUNTY  CERTIFICATES— 

Average  grades  required  by  26-32 

Classes — 

First    26-31 

Second    26-31 

Third 26-31 

How    renewed    30 

Revoked  30 

Third  class  to  be  held  only  once ; .  30 

Time  to  run    30 

Unlawful  to  grant — when   30 

What  grades  entitle  holders  to  teach  in  subdistricts 30 

COUNTY   CLERKS— 

Graded  school — duty  concerning    

Oath  of  County  Examiner  filed  with  

Send  copy  of  settlement  of  County    Superintendent     to 

Superintendent  of   Public   Instruction 21 

COUNTY  HIGH  SCHOOL— 

Classes    of    44 

Established  how   44 

Provisions    concerning    44,  47 

COUNTY  JUDGE— 

Duties  concerning  schools  of  adjacent  county 56 

Graded  schools — duty  concerning    54 

Meet  with  County  Superintendent  41 

Notify  Superintendent  of  Public  Instruction  of  vancancy 

in  office  of  County  Superintendent 24 

To  purchase  text  books — when  19 

To  assist  in  dividing  county   41 

COUNTY  LIBRARY  COMMITTEE— 

Books  barred  from   71 

Books  furnished  by  Superintendent  of  Public  Instruction  71 


INDEX.  195 

COUNTY  LIBRARY  COMMITTEE— Continued—  Page 
.   Condition  reported  to  Superintendent  of  Public  Instruc- 
tion       71 

Fund  for    71 

Institute  fund  to  go  to   71 

Purchase  of  books,  etc 71 

Report  of  condition  to  County  Institute 71 

Where    located 24 

Who   compose   committee — duties    71 

Where  to  be  kept  71 

Who  to  care  for   71 

COUNTY   OFFICERS— 

Not  eligible  to  office  of  County  Superintendent 17 

COUNTY  SCHOOL  BOOK  LAW— 
Adopted  Texts — 

Must  be   exclusively  used    37 

Pentalty  for  violation  37 

Adoption  of  Books — 

Sealed  bids  34 

Advertisement   34 

Agents  to  be  appointed 36 

Bids  may  be  rejected  35 

Books — 

Must  comply  with  sample   38 

Bond  to  filed  by  publisher 40 

Branches  to  include  Elementary  and  High  Schools 35 

Bribery — Penalty   40 

Cities- 
Exempt    35 

To    adopt    40 

Contract — 

To  be  prepared  by  State  Superintendent 36 

Approved  by  Attorney-General 36 

To  be  awarded   36 

Couty  High  School  Adoption   35 

County  Judge  to  exchange  second  hand  books 37 

County  Superintendent  to  furnish  list   37 

Damages  on  bond  may  be  recovered 40 

Exchange  books    36 

License  Fee — 

Paid   to   publisher    38 

To  be  used  for  expenses 38 

Meetings  of  Commission — 

Record  to  be  kept  by  Secretary 34 


196  INDEX. 

COUNTY  SCHOOL  BOOK  LAW— Continued—  Page 

Members  of  commission 33 

Merits'  of  books  to  be  considered   35 

Money  for  campaign  purposes  •  39 

Notify  State  Superintendent   35 

Oath  of  Office  34 

Patrons  may  exchange  old  books  36 

Penalty — 

For  unlawful  sale  or  extra  charge  

Prices — 

Of  books   36 

Agreement  to  control   39 

Proceedings — 

To   be   instituted   by  Attorney-General    39 

Proposal  to  State  contract  and  exchange  prices 34 

Publisher  must  file  statement    38 

Repealing  Clause   40 

Specimen  copy  of  books    34 

State  Board  of  Education  to  make  printed  lists  38 

Sworn  statement  to  be  filed  by  publisher   39 

Uniform  series  of  books   35 

Vacancies— How    filled    34 

COUNTY  SUPERINTENDENT— 

Administer  oath  during  examination  when 31 

Agent  for  text-books — penalty  for  23 

Annual  report  to  Fiscal  Court   21 

Annual  report  to  County  Court   21 

Annual  report  to  include  county  library  71 

Annual  settlement — when  made   21 

How   made    21 

To    county    judge    21 

Appeal  from  decisions  of   23 

Appeal  to  in  suspension  of  pupil 33 

Approval  of  removal  of  teacher  by  Division  Board 33 

Approval  in  dismissing  teacher  44 

Attendance  at  office   23 

Blanks  to  be  furnished  by  22 

Bond  of   18 

Buying  teachers'  claims  23 

Penalty   for 23 

Cast   tie  votes  when    43 

Certificate  of  attendance  at  Institute  given  by 70 

Change  of  made  to  Auditor  by  Superintendent  of  Public 

Instruction    12 


INDEX.  197 

COUNTY   SUPERINTENDENT— Continued—  Page 

Chairman  of  County  Board  44 

Compensation  of   24 

Conform   to   rules  required  by   Superintendent  of  Public 

Instruction    23 

County  library — duties   concerning    71 

Deliver  effects  to  County  Clerk  when  24 

Duties   to    County   Board    of   Education    47 

Duties  concerning  examination  of  State  Certificates- 26 

Eligibility   of    17 

Election  of   17 

Eligibility   of   in   counties   containing   cities   of   the   first 

class    17 

Examination  of  teachers1  held  by  26 

Failing  to  pay  out  money — penalty  for 20 

F'ailure  to  deliver  effects  of  office — penalty  for 24 

Failure  to  settle  with  County  Court — penalty  for 24 

Fraudulent  report — penalty  for  20 

Graded  schools — to  organize  when   54 

Graded  school  fund — duty  concerning   59 

Institutes — to  organize  and  cause  to  be  held 67 

Joint   institute — duties   concerning    69 

Keep   questions  under  .seal    27 

Keep  public  account   21 

May  administer  oath    21 

Make  annual  report  to  Superintendent  of  Public  Instruc- 
tion     .• 20 

May  request  Normal  instructors  for  Institute 68 

Meet  with  County  Judge  and  County  Attorney 41 

Member  of  Division  Boards   43 

Must   attend   Teachers'   Associations 69,  73 

Not  to  be  interested  in  what — penalty 48 

Notice  given  Trustee   

Notice— official    

Notify    Trustee    of   meeting 43,48 

Office  of  furnished  by  Fiscal  Court 23,  26 

Official   decisions •  •  • 

Office    at    county    seat 23,  2 

Organize   Division   Board    

Penalty  for  failure  to  make  annual  report 

Penalty  for  failure  to  hold  Teachers'  Institutes' 

Penalty  for  paying  teacher  on  false  report 

Power  to  revoke    State   certificate 

99 

Public  records  kept  by   

Qualifications   of    


198  INDEX. 

COUNTY  SUPERINTENDENT— Continued—  Page 

Certification  of 17 

Requisitions  for  questions  25 

Removal  by  County  Court  24 

Removal  of  24 

Responsibility  for  errors  in  census  report 19 

Returns  of  election  certified  to 42 

Select  place  of  holding  Institutes' 71 

Settlement  with  County  Court 21 

Special  bond  given  by  46 

Successor — duty  to  24 

Term  of  office  17 

To  appoint  County  Examiners  26 

To  divide  county  41 

To  employ  Institute  instructors 70 

To  furnish  books  to  indigents  19 

To  keep  official  record  22 

To  notify  teachers  when  Institute  meets 71 

To  pay  Institute  expenses 72 

To  make  census  reports  19 

To  pay  teachers  when  21 

To  reside  outside  city  of  first  class1 17 

To  report  number  of  indigents  to  County  Judge 19 

To  superintend  taking  of  census 18 

Time  of  taking  18 

To  advise  teachers  as  to  discipline 18 

As  to  duties' 18 

To  notify  Trustee  of  boundaries 18 

To  condemn  school  houses 17 

To  condemn  apparatus  and  furniture  17 

To  be  elected  by  voters  outside  of  first  class  city 17 

To  be  removed  when  24 

To  report  additional  facts  20 

To  remove  or  suspend  Trustee 23 

To  renew  county  certificate 30 

To  revoke  county  certificates 29 

To  take  census  when  18 

Vacancy— how  filled  24 

When  once  qualified  17 

When  appointed  by  County  Judge 24 

COUNTY  TEACHERS'  ASSOCIATIONS— 

Objects    of    70 

To  be  held  in  each  magisterial  district  70 

Vice-Presidents   of— how  selected    70 

When   held    70 


INDEX.  199 

COURT  HOUSE—  page 

County  to  be  divided  at 41 

DISTRIBUTION— 

Of  net  revenue    8 

DISTRICT  LIBRARY— 

Books  barred  from   71 

How   organized    71 

Management  of    71 

Pupils  to  have  free  access 71 

Residents  may  have  access  when 71 

Rules    governing     announced     by     County     Board     of 

Examiners   71 

Under   control   of   Trustee 71 

DIVISION  BOARD— 

Chairman  of   44 

Chairman  of  compose  County  Board 45 

Chairmanship — vacancy — how    filled    44 

Composed   of   Trustees    44 

Organized  by  County  Superintendent  when 45 

Records  of  to  be  kept 49 

Secretary  of    .    44 

Petitions   to,   by   voters 46 

Teachers'  application  to  be  filed  with 44 

To  fill  vacancy  when   44 

To  employ  teachers  when 47 

DOCTRINES— 

Certain  forbidden  to  be  taught 5 

EDUCATIONAL  DIVISIONS— 

Boundaries    41 

How  divided   41 

Number 41 

Subdivided  how    42 

EDUCATIONAL  DIVISION  BOARD— 

Chairman  to  call  meeting 43 

Chairman  to  report  in  writing 48 

Election   of  teacher    45 

May  remove  teacher   45 

Number  necessary  to  elect  teacher 45 

Penalty  for  chairman     to  make    false    certificate    as    to 

teacher's  report   33 


200  INDEX. 

EDUCATIONAL  DIVISION   BOARD— Continued—  Page 

Qualifications  of  teachers— how  determined 45 

Removal   of  teachers    45 

Secretary — duties    of    44 

Subdistrict  tax — duties  concerning    46 

Vacancies   to   fill    45 

When  to   meet 45 

EFFECTS  OF  ALCOHOLIC  DRINKS  AND  NARCOTICS— 

To  be  taught  in  common  schools 5,  11 

ELECTION— 

For   issuing   bonds   in  graded  schools 62 

In  Graded  Schools — 

Advertised    how 58 

How  held   54 

When    54 

Manner  of  voting  in  graded  schools 58 

To  establish  graded   schools 54 

ELECTION  OF  TRUSTEES— 

By   ballot    42 

Manner  of  holding 42 

Number   elected   each   year 42 

Officers    of    election    42 

Returns   to    be   certified    42 

When  held   42 

Who  may  vote  in    42 

ENFORCED  ATTENDANCE— 

Duty  of  parent  or  guardian 72 

Penalty   for   false   statement 72 

Penalty    for    violation    73 

Teachers    must   report    absence 73 

County  Court  has  jurisdiction 73 

EXAMINATION— 

For    county    certificates     29,  30,  32 

For   State   diplomas    30 

Studies    embraced    under    30 

For   State   certificates    30 

EXAMINATION  OF  TEACHERS— 

Branches  examined  upon    27 

Distance  of   applicants   apart    27 

Fee    of    applicants'    27 

To  whom   paid    27 

Held   by   County   Superintendent 27 

Held  by  County  Attorney  when 27 


INDEX.  201 

EXAMINATION  OF   TEACHERS— Continued—  Page 

Investigation  of  character  of  applicant — who  by 27 

Manner    of    conducting    27 

Manner   of  holding    29 

Oath   of  applicant    29 

Officers  to  comply — penalty  for  failure 27 

Officials   to    be   present 27 

Opening   of   questions — manner   of    27 

Penalty    for    selling    questions 27 

Questions  of  under  seal  27 

Questions — how  sent    27 

Questions    for    white    and    colored 27 

Questions   prepared   by   whom    27 

Reasonable  time  allotted  to  applicants 27 

State   Board  to  grant   certificates — when  and  how 27 

Time    of   folding     27 

Who  to  hold    27 

EXPENSES— 

Incurred   by    County   Superintendent 23 

Of  Institute  to  be  paid  by  whom G9 

Traveling,  of  Superintendent  of  Public  Instrution  to  be 

paid    11,  15 

FEES — 

County    certificate    28 

Institute    69 

State   certificate    28,  30 

State    diplomas    27,  29 

FISCAL    COURT— 

Tax  levied  by   45 

FRACTIONAL  BALANCE— 

To  be  credited  to  county 5 

FUNDS— 

Consists    of   what    1,  6 

Derived  Ijjpm  dog  tax  to  go  to  school 7 

Distributed    impartially    2 

Forbidden  to  be  used  in  aid  of  or  by  sectarian  schools..  2 

Money  received  from  United  States  part  of 2 

Portion  unused  to  go  into  fund  for  following  year 2 

Recovery  of  on  bonds   40 

Set  apart  for  school  purposes 1 

To    subdistrict — how    apportioned 8 

To   be   distributed    1 

To  be  equally  divided  between  races 2 

When    distributed 9 


202  INDEX. 

GENERAL  ASSEMBLY—  Page 
Local  and  special  laws  concerning  Common  Schools  not 

to  pass   3 

To   provide   efficient   system    1 

To    regulate    Trustee    election 2 

GRADED  SCHOOLS— 

Additional  territory — how  added   54,  57 

Admission   of   other   pupils    60 

Annexation   of   territory    54,  57 

Manner  of  change    54,  57 

Time    of 54,  57 

An   incorporation    57 

Appointment  of  election  officers  57 

Bonds  issued   61 

Manner  of   issuing    61 

Board  of  Trustees — 

A  body  politic 59 

Change  boundaries 54,  57 

Duties   of    59 

Election   of    59 

Number   of    59 

Power   59 

Style  of  59 

Title  of  property  to  vest  in 63 

To  hold  election  for  levying  tax 63 

Vacancies — how    filled    59 

Boundaries — change   of    ..    * 54,  57 

How   established    54 

•    Include  what  54 

In  territory  with  adjacent  county 54 

Limit    54 

By-laws  and   rules   of   Trustees 59 

Classification   of   Trustees    59 

Change    of    boundaries    54,  57 

County   officers— duty   concerning    54 

Courses  of  study  prescribed  in 59 

Duties   of   election   officers' 64 

Duties  of  Treasurer — bond   of 61 

Election   in    54,  56,  64,  66 

How  held    54 

Manner  of  voting   64 

Time   of  holding    . . 54 

Who  to  hold   54 

Established  in  territory  with  adjacent  county. 55 

Manner  of  ,    . . . , ,  c . . . . , , 55 


INDEX.  203 

GRADED  SCHOOLS— Continued—  Page 

Established   how    54 

Examination  of  applicants  as  teachers,  etc 59 

Free  tuition  to  whom   60 

Interest   on   bonds   limited 66 

Journal  kept  by  Trustee   59 

Public  inspection  of   59 

Limits    extended— how 54,  57 

New   boundary — how    established    54,  57 

Not  affected  by  new  law 41 

Oath  of  Trustees   59 

Officers  of  Board    60 

Their    duties    59,  60 

Order  of  election — delivered  to   whom 58 

Payment  of  old  debt   50 

Petitions   for   election    . 54,  55 

Proposition  voted  upon   64 

Provisions  concerning  colored  pupils   64 

Provisions' — what  cities  may  accept 65 

Provisions  not  to  affect  what 66 

Provisions   concerning   bonds    67 

Purposes  of  tax  voted   64 

Ad  valorem    54 

Poll    54 

Purchasing,    sites,    buildings,    etc 61 

Regular   election   of   Trustees 69 

Repair  of  building    61 

Sinking  fund — provisions  for  61 

Tax  to  complete  buildings 66 

Tax  of  with  Adjacent  County — 

How  voted   56 

Limit  of 66 

Manner   of  voting    66 

Tax  Voted— 

Amount    54 

Limit  of    64 

Manner   of  voting    64 

Who   approve  petition    64 

Who  to  organize    58 

GUARDIAN—  Page 

Denned  under  Truancy  Law 74 

Penalty  for  failure  to  comply  with  Law 77,  78 

INDIGENT  CHILDREN— 

To  be  furnished  text  books   

Who   to  furnish   books    19 


204  INDEX. 

INSPECTION—  Page 

State  Superintendent  to  be  Inspector  .....................  15 

Asistants    to    be    appointed  .............................  15 

Bond  to  be  given  ......................................  15 

Powers  and  duties   .....................................  15 

Process  to  compel  attendance  of  witnesses  ..............  16 

Misconduct  to  be  reported    ............................  16 

Emergency  clause    .....................................  16 


INTOXICATING    LIQUORS 


INSTITUTE  INSTRUCTOR— 

Convention   at    Capitol    ................................ 

Object   and    purposes    of    .............................. 

Employed   by    County    Superintendent  ................... 

Normal  Instructor  may  be  had  when  ................... 

Number  in  joint  institutes    ............................ 

To  be  experienced  and  able  ............................ 

INVESTMENT  OF  SCHOOL  FUND— 

Interest   on    .......................................... 

LIBRARIES— 

County   report   on    ..................................... 

Subdistrict   report    on    ................................. 

(See   county  and  district  libraries.) 

MONEY— 

Record  kept  by  County  Superintendent  .................  22 

MUNICIPAL  INDEBTEDNESS— 

Extent  of   ............................................  2 

MUNICIPAL  TAX  VOTE— 

To  be  acted  upon   .....................................  2 

NEWSPAPER— 

Notice  of  election  published   in  time  of  ................  58 

Proceedings  of  Teacher's  Institute  to  be  published  in...  69 

OATH— 

Administered  to  Trustee   ...............................  22 

By   County   Superintendent    ............................  22 

For  county  examination   ...............................  31 

Furnished  by  Supt.  of  Public  Instruction  ................  31 

Preserved   by    whom    ..................................  31 

For   applicant   of  examination    .........................  31 

Of  county  examiner   ...................................  26 

Of  graded   school  trustee  .......................  ........  59 

Reported  in  writing  when   .............................  30 

Who   may   administer    ,,,,,,..,,,,,,,,,.,  .......  ,  ......  30 


INDEX.  205 

OFFICE—  Page 

Of  County  Superintendent  at  County  Seat   23 

Attendance   at    23 

OFFICERS  OF  ELECTION— 

Appointment   of    42 

Compensation  ...    42 

Duties   of    42 

OPINIONS   OF  ATTORNEY-GENERAL— 

Abstracts   of    170, 183 

PARENT— 

Denned  under  truancy  law    ; 72,  74 

Must  send  child  to  school   72 

Exception    72 

Penalty  for  failure  to  send  child  to  school 72 

Penalty  for  failure  to  comply  with  provision  of  truancy 

law  .,.   , 73,  74 

PARENTAL  OR  TRUANT  SCHOOLS— 

Children  committed  to   8fc 

Establishment  of   82 

Instruction  in   82 

Location    82 

Penalty  for  violating   82 

Regulations  of    82 

PAYMENT   OF  TEACHERS— 

Manner  of    20 

Time   of    20 

To  be  personally  or  on  written  order 20 

PENALTIES— 

F'or  pupils   who   violate,   etc 5 

Provided   for   employing   children 4 

PETITION— 

Concerning  graded  schools    55 

To   change   graded   school    57 

PRO  RATA— 

Auditor  to  give  data  concerning 9 

Not  used  for  one  year  disposal  of 2,  8 

Not  called  for  after  second  year  how  disposed 9 

To  be  ascertained  by  Superintendent  of  Public    Instruc- 
tion      9 

PROPERTY— 

Title  vests  in  County  Board  of  Education 53 

Title  to  vest  in  whom  in  graded  schools 63 


206  INDEX. 

PROPOSITION—  Page 

Voted  on  in  graded  schools  when  renewed 64 

PUBLICATIONS— 

Forbidden    to    be    used 5 

PUPILS— 

Free  access  to  district  library 71 

Held  accountable  by  teacher   33 

Regulation  of    5 

Penalties  for  disobedience 5 

Suspension   of    33 

RECOMMENDATIONS— 

Of  trustees  in  writing  to  whom 

RECORDS— 

Report   by   County   Superintendent 19,  20,  22 

Official  kept  by  County  Superintendent ; .  22 

REGISTER— 

Kept  by  teacher  in  graded  schools 59 

Kept  by  teacher  in   subdistrict 31 

REPORT— 

Annual   of   County   Superintendent 21 

Monthly  and  term  of  teachers   32 

Of  Division  Chairmen 48 

Time  of  48 

Of  Trustees  in  writing   43 

RULINGS  OF  THE  DEPARTMENT— 

Abstracts   of    170,  183 

SALARY— 

Of  Superintendent  of  Public  Instruction 11,  15 

Of  County  Superintendent 18,  23 

Allowed  by  Fiscal   Court    18,  23 

Based   upon   census    23 

Minimum  and  maximum   18 

Reported  to  Supt.  of  Public  Instruction 23 

Of  teacher  supplemented  how  when 8 

SCHOOL  DISTRICT— 

What  shall  constitute   41 

SCHOOL  FUND— 

Duty  of  Auditor  under 6,  9 

Paid  into  Treasury  for  common  schools  only 6,  9 

Paid   to   graded   schools    61 

What   consists   of    6 

County  Board  may  place  in  one  Fund 49 


INDEX.  207 

SCHOOL  HOUSES—  Page 

May  be  used  for  other  purposes 50 

SCHOOL  MONTH  4 

SCHOOL  TERM— 

Extension  of   8 

To  be  six  months   4 

SCHOOL   YEAR    3 

SECTARIAN  SCHOOLS— 

Not  to  receive  school  fund 2 

SEPARATE   SCHOOLS— 

Shall   be   maintained    2 

SETTLEMENT— 

Copy  of  for  County  Superintendent  to  be  sent  to  Super- 
intendent  of    Public    Instruction 21 

Of   County    Superintendent   annually 21 

How   made    21 

To    whom    made    21 

Returns   of   settlement   furnished   by   Superintendent    of 

Public  Instruction  to  Auditor 12 

Voucher  of  by  County  Superintendent 21 

SHERIFF— 

Graded  schools'  duty  concerning 64 

To  collect  subdistrict  tax   45,  53 

Compensation  for    45,  53 

To  collect   County   School   Tax    45,  53 

SINKING  FUND— 

Commission  to  invest  certain  bank  stock 1 

In  graded  school   63 

SPECIAL  BOND— 

Given  by   County   Superintendent 46 

Approved  by   whom    46 

STATE  BOARD  OF  EDUCATION— 

Body   politic    . 10 

Chairman ; , 10 

Course  of  study  prescribed  by 10 

Corporate    acts    10 

Custodian   of   evidence    10 

Duties  of 10 

Meetings   10 

Powers  as  to  property   10 

Power  to  revoke  State  Diploma  28 

Quorum  ...  ...  10 


208  INDEX. 

STATE  BOARD  OF  EDUCATION— Continued—  Page 

Standing  Committees    10 

To    regulate    county    libraries 71 

Who    constitute    10 

STATE  BOARD  OF  EXAMINERS— 

Appointed    by    whom    11 

Compensation    of    28,  29 

Duties   of    , 11 

Manner    of    performing    28 

Members   of  program  committee   for  Teachers'  Institute 

programs    67 

Questions  to  prepare    27 

Series  of  questions   Number 27 

Seal  of  placed  on  Diplomas 27 

To  grant  State   Certificate 27 

To  hold  examinations  for  State  Diplomas 28 

To  *  prepare    questions    27 

To   renew   State   Certificates— When    29 

Who    to    compose    10 

When  to  issue  certificates   29 

STATE  CERTIFICATE— 

Branches    examined    upon    28 

Answers  to  be  sent  to  whom — By  whom 29 

Applicant  to  possess  good  moral  character 28 

County   examiners   to   recommend   renewal 28 

County  Superintendent  duties  in  examination  of 28 

Duration  of    28 

Examination   for    28 

Fee 28 

Manner  of  examining  papers  of  applicant 28 

May   be  renewed  how 28 

Qualifications  of  applicant   28 

Revoked   how    30 

Seal  to  bear   30 

When  examination  for  held  29 

Who    to    conduct    examination 29 

Who    to    grant    29 

Written  statement  of  County  Superintendent  29 

STATE  DIPLOMAS— 

Applicant  to  possess  good  moral  character 28 

Duration  of   28 

Examination   for  held    28 

Fee    for    examination    28 

Holder  of  qualified  for  County  Superintendent 28 

To   bear    seal    28 

Who  to  issue   28 


INDEX.  209 

STATE  NORMAL  SCHOOLS—  Page 

Act  concerning    152, 165 

Appropriations    for    159, 160, 161, 163 

Regents  for    152 

Advertisement    for    bids'    160 

Annual  report  of   156 

Appointment  of  regents    152 

Bonds  given  to  by  successful  bidders 160 

Causes   of  removal   from   office 155 

Condemnation   proceedings    160 

Election    of    officers    152 

Gratuitous   instruction    157 

Obligation   not   to   be    contracted 164 

Enabling  Act  for  Western  School 164 

Grant  certificates   154 

Grades  of   154 

Endorsement  of 154 

May  be  revoked   154 

Itemized  account  to  be  submitted  by 161,163 

May  appoint  architects   161 

May   Convey    159 

May    provide    library 159 

May   purchase   sites    159 

May   purchasee   additional   grounds    160, 162 

Model  schools  to  be  established 150 

Mileage  to  be  allowed   . . .  r 156 

Meetings  to  be  held  by  153 

Not  to  be  interested  in  what 156 

Powers    and    duties    153 

Power   to   remove   officers 155 

Power    to    fix    courses 155 

Payment  of  indebtedness    157 

Pupils    157 

Quorum    153 

Reports    156 

Term    of    152 

Treasurer- 
Bond  of   156 

Duties   of    156 

Secretary — 

Compensation    157 

Duties    157 

Report   to   whom    157 

Special  meetings    156 

Buildings   to  be   erected    160 

Committee  to  fix  boundaries   152 


210  INDEX. 

STATE  NORMAL  SCHOOLS— Continued—  Page 

Commission   to    locate    158 

Created 152 

Deeds  made  to  Commonwealth    159 

Executive    Council   created    154 

Duties   of 154 

Meetings    of 154 

Quorum    154 

Who   compose    154 

Objects  of 152 

Students1  may  take  examination  for  what 160 

Class   of   certificates    160 

STATE  UNIVERSITY— 

Acts  of  Congress  to  be  carried  out 145 

Appointment    of    beneficiaries    146 

Appropriations   for    137,  138,  140,  141,  142,  143,  148,  149 

Circulars  to  be  posted    141 

Collegiate    period    136 

Competitive  examination    146 

County  certificates  issued  to  whom  148 

Board   of   Trustees    133 

Advertising,    etc 142 

Appointment,   Manner   of    133 

Appointment  of  Secretary  and  Treasurer 135 

Appointment  of  Board  to  manage  women's   dormitory..  137 

Appointment   of  Architect    139 

Bond  to  be  given  by  successful  bidder 142 

Certificates   issued   by— -Classes   of 144 

Contracts    139 

Created   133 

Bi-partisan  after   1910    147 

Degrees  conferred  by    134 

Governor — Chairman   of    133 

Meetings  of  136 

No  preference  to  be  shown 134 

Quorum  of   134 

Power  to  purchase  additional  ground 142 

Power  to  govern  college    • 136 

Powers  and  duties   of 134 

Report  to  General  Assembly    136, 140 

Selection  of  President  and  professors 134 

Treasurer  to  give  bond    135 

Vacancies — How    filled    ,. .  135 

Where — Meet 134 

Diplomas    141 

Duty   of  County   Superintendent    146 


INDEX.  211 

STATE  UNIVERSITY— Continued—  Page 

Emergencies    140, 141 

Executive  Committee   134 

F*ree  tuition  to  whom   147 

Officeers  should  not  contract  liability  149 

Experiment   station— Appropriation    150 

Information  to  County  Superintendent 136 

Law  Department   established    146 

vocation  not   changed 147 

Medical  and  Surgical  Department  established 146 

Moneys — How    paid     140, 142 

Normal  department  eliminated 145 

Previous  acts  referred  to  145 

Student— Appointment   to    136 

Title  changed   145 

Women's    dormitory    137, 138 

Work  of  sub-freshman  eliminated   145, 158 

SUBDISTRICTS— 

Boundaries  of   41 

Consolidation  of   48,  50 

Establishment    of    new 46 

Include  white  and  colored  children 41 

Maximum  and  minimum  of  pupils 41 

May  be  composed  of  parts  of  two  counties  48 

SUBDISTRICT  TAX— 

Amount   .   ...   45,  50 

Election   for 45,  50 

Time   of    .    45,  50 

How   levied    45,  50 

Notice  of  election   45,  50 

Order  levying    45,  50 

Question  voted  upon   45,  50 

Returns   of   election    45,  50 

Canvassed   by  whom    45,  50 

Tax — To  receive    45,  50 

Who  to  collect   45,  50 

SUPERINTENDENT  OF  CITY  SCHOOLS— 

Duties   under  Truancy  Law    77 

SUPERINTENDENT  OP  PUBLIC  INSTRUCTION— 

Approval  of  revoking  State  certificate- 30 

Attorney-General  to  advise    13 

Appointment  of  State  Board  of  Examiners 11 

Appeals    13 

Blanks    to    County   Examiners 14 

Blind,  Deaf,  Dumb  and  Feeble-minded  Institute 12 


212  INDEX. 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION— Continued—  Page 

Duties  concerning    13 

Blanks,    official    documents    13 

Biennial  report  to  General  Assembly 12 

Beginning    of    term    11 

Bond    ,    11 

Clerks    11 

Chairman  of  State  Board  of  Education 11 

Certified   copies   of  records',   etc 12 

Deliver  effects  of  office  to  successor 15 

Donations,  gifts  and  devises — Duties  concerning   14,  15 

Expenses  to  be   paid  when • 15,  16 

Instructions   to   be   furnished    12 

Institutions — Duties    concerning    12 

Keep  accounts    .- 12 

Make  settlements 12 

May  require  facts  under  Truancy  Law 77 

May  require  facts  of  teachers 33 

Members  of  program  committee  for  Teachers'  Institutes 

programs    67 

Neglect  of  duty,  etc 13 

Oath   11 

Office    supplies    11 

Office  at  seat  of  Government 11 

Official   decisions    13 

Report  misappropriations  of  school  fund   13 

Records    13 

Salary    11 

School  Laws  to  be  edited  by 13 

To  ascertain  per  capita  8 

To  furnish  teachers'  blanks    33,  35 

To  publish  for    general     distribution    certain    facts,    im- 
portant facts  and  data    12 

To  pay   City   School  Boards 20 

To  prescribe  rules  for  County  Superintendents 23 

To  supply  blanks  to  City  Boards 60 

To  recommend  normal  instructors  for  institutes 68 

SUPERVISORS— 

May  be  employed  by  County  Board 49 

SURPLUS  DUE  COUNTIES— 

To  remain  an  obligation  against  Commonwealth 2 

SUSPENSION    OR    EXPULSION    OF    PUPILS 5 

SYSTEM  OF  COMMON  SCHOOLS— 

To  be  uniform   4 


INDEX.  213 

TAX—  Page 

Expended  for  both  white  and  colored  children 46 

Graded   school   voted 54 

Limit   54 

Manner  of  voting  54 

How  assessed  and  collected  45,  50 

Levied  by  whom  in  graded  school  districts 63 

Levied   by   county    45,  50 

Not   to   exceed    45 

Of  graded  school  with  adjacent  county 55 

Limit 55 

Manner  of  voting  55 

Purposes    of    55 

Territory   exempt    45,  50 

To   be   voted    51 

To  complete  graded   school  building 66 

To    pay    old    debt 66 

Use   for  what    —  45 

Railroad  Tax  to  be  paid  to  County  Superintendent 25 

White  and  Colored  Districts  to  share  taxes  on  railroads  25 

Rate   of  taxation  on  railroads 25 

TAX  LEVY— 

Special  Charter  Schools  to  levy 67 

TAXATION— 

Submitted  to  voters   1 

TEACHERS— 

Access  to  county  library  71 

Application   to   be   filed 44 

Blanks  supplied  by  whom    32 

Certificate  of  attendance  at  institute    to  be    filed    with 

whom    .     .     68 

Contracts    44,  49 

County  certificate  of   26,  31 

Classes    28 

County  High  Schools  Employment  of 47 

Duties   required   of    33 

Employment  of  in  graded  schools   59 

Examined   for   State   diploma    28 

Examination  for  State  certificate   29 

Facts   to   be   ascertained   by 31,32 

Fees  at  Institute   69 

Given   credit  for  attending   institute 68 

How  elected    44 

May  contract   in   writing    44 

Teach   extra   students    33 


214  INDEX. 

TEACHERS— Continued—  Page 

May  have   county  certificate  renewed    32 

Must   attend   institute    68 

Penalty  for  failure    68 

Not  eligible  to  office  of  County  Superintendent 17 

Of  consolidated   schools    48 

Pay  entitled  to  when  dismissed 35 

Payment   for   fractional   month   when 35 

Penalty   for   false   report    , 33 

Qualifications'  of    28,  47 

In   graded   schools    59 

For    State    diploma      .  . ., 28 

Register    to    keep 31 

Removal  by  Division  Board    33 

Removal   for   what    44 

Reports  of  examined  by  whom 22 

Revoking  of  certificate    29 

Shall  hold  certificate    •  28 

Studies  to  teach,  etc 11 

Summaries   31 

Suspension  of  pupils 

Time    of    election 44 

To  be  given  certificate  of  attendance  at  institute 69 

To  be  instructed  by  an  able  instructor 68 

To  hold   pupils  accountable    33,  36 

To  keep  register  in  graded  school    59 

To  make  monthly  and  term  reports 32 

To   possess   good   moral   character 28 

To  suspend  school  during  Institute  week 69 

Vacancies,   How   filled    44 

When  elected    44,  49 

Who    may    remove    44,  49 

TEACHERS'  INSTITUTES— 

County   Superintendent  to  attend 68 

His1   duties ,  68 

To  employ  instructor  for 67 

Duration    of 67 

Expenses   how   paid    70 

Fees 79 

Joint  institutes  may  be  held  when 70 

May  have  normal  instructor  when 70 

Must  attend  teachers'  associations   71 

Penalty  for  failure    71 

Normal  instructors  how  paid    70 

Penalty  for  County  Superintendent  for  failure  to  hold...  68 

Proceedings  of  published  in  local  newspapers 70 


INDEX.  215 

TEACHERS'  INSTITUTES— Continued—  Page 

Program  furnished  by  whom  when 68 

Published  copy  of  proceedings     to  be    sent    to  Superin- 
tendent of  Public  Instruction 70 

Report    of  to  be    included     in  annual  report  of     County 

Superintendent   71 

Schools  to  suspend   during    " 69 

Selection  of  place  where  held 70 

Subjects'  of  discussion  in 70 

Surplus  fund  of  how  distributed 70 

Teachers  to  be  notified  of .......:.. 70 

Trustees   to   be   notified   of . . : 70 

Time  to  be  held 68 

To    be    organized 68 

Who  compelled  to  attend . ;  69 

Penalty   for   failure 69 

TEACHER'S  REGISTER— 

Duty  of  division  chairman  concerning 31 

Kept   by    teacher 31 

Property    of    subdistrict    31 

To  be  kept  how 31 

Who   to    examine    32 

Who    to    furnish    31 

TEXT-BOOKS— 

Adopted    .    , . . . . 33 

Cost  not   to   exceed    19,  23 

Furnished   to   indigent   children 19,  23 

Paid   for   by   county     19,  23 

TUITION— 

In  graded  schools   60 

To  be  paid  by  pupils  when 61 

TRUANCY  LAW— 

Absentees   to   be   reported 77 

Applies  to  what  cities   74 

Children   to   attend   under 74 

Exceptions   under 74 

Fines    and    penalties 74 

Jurisdiction  of  Courts    76 

Officers- 
Appointment    75 

Compensation    75 

Duties    75 

Examination  of  75 

Qualifications'    75 

Under  supervision  of  City  Superintendent 76 

Parental  or  truant  schools   78 


216  INDEX. 

TRUANCY  LAW— Continued—  Page 

Penalties  for  parent  or  guardian  failing  to  comply 74,  78 

Penalty  for  false  statement  under 74,  78 

Record   of   age    74,  78 

School  officer  to  report  under  76,  80 

TRUSTEE— 

Census  to  take 43 

Compensation    43 

Compose    division    board    43 

Duties   of 43 

Eligibility 42 

Election    of     47 

Graded  Schools — 

Employment   of   teacher   in 59 

To  purchase  what   61 

Opportunity  given  to  produce  evidence 23 

Removal   or   suspension   of    23 

Report   to   Division   Board 43 

Reports  of  referred  to  County  Board 43 

Serve  until,  when 42 

Term    of    office    42 

To  be  notified  of  institute  meetings 68 

To  enforce  attendance  of  children  at  school 73 

To  have  five  days'  notice,  when 

Not  eligible  to  office  of  County  Superintendent 17 

Not  to  be  interested  in  what,  penalty 48 

To  notify  people,  when , 

To  report  additional  facts   '^ 

Vacancy   how   filled    

When   elected    43 

USE  OF  SCHOOL  FUND  6 

VACANCY— 

Of  County  Superintendent's  Office,  how  filled 24 

Of  graded  trustees,  how  filled 59 

Of  trusteeship,  how  filled   43 

Voters- 
Legal  at  trustee   election 42 

WHITE  CHILDREN— 

Included    41 

Free  tuition  in  graded  schools 60 

Maximum   and   minimum   in   subdistricts 42 

WOMEN— SCHOOL    SUFFRAGE— 

Qualifications   for 6 

Registration    6 

Separate   Ballots    (>. 


